Terms of Use
1. Your Acceptance
THIS WEBSITE IS OWNED BY AND OPERATED ON BEHALF OF RDF Digital a trading division of RDF Television Limited (the “Company”)
BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content and User Submissions available through the
http://www.comedydemon.com domain name, the "Website"), YOU SIGNIFY YOUR ASSENT TO BOTH
THESE TERMS AND CONDITIONS (the "Terms of Service") AND THE TERMS AND CONDITIONS OF THE PRIVACY NOTICE, WHICH IS PUBLISHED AT
http://www.comedydemon.com/footer-pages/privacy, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you
do not agree to any of these terms, then please do not use the Website.
2. Website
These Terms of Service apply to all users of the Website, including users who download content as well as those who are also
contributors of video content, information, and other materials or services on the Website. The Website may contain links to
third party websites that are not owned or controlled by the Company. the Company has no control over, and assumes no
responsibility for, the content, privacy policies, or practices of any third party websites. In addition, the Company will
not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve the Company
from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when
you leave the Website and to read the terms and conditions and privacy policy of each other website that you visit.
3. Website Access
A. The Company grants you permission to use the Website as set out in this Terms of Service, provided that: (i) your use of
the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the
Website in any medium without the Company's prior written authorisation; (iii) you will not alter or modify any part of the
Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise
comply with the terms and conditions of these Terms of Service.
B. You agree not to use or launch any automated system that accesses the Website in a manner that sends more request messages
to the Comedy Demon servers in a given period of time than a human can reasonably produce in the same period by using a
conventional on-line web browser. The Company grants the operators of public search engines permission to use spiders to copy
materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not
caches or archives of such materials. The Company reserves the right to revoke these exceptions either generally or in
specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from
the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree
not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
C. When you register as a user you will be asked to select a user name and password, which can be changed once logged on.
The password must consist of at least 8 mixed alpha and numeric characters with case variations. You should not use a common
word as a password and you should change your password regularly. Your User name and password allow you to access your
account. You accept that it is your sole responsibility to maintain the confidentiality of your password and user name and
that you are responsible for all activity that occurs under them. The Company is unable to check the identity of people
using the site and will not in any way be liable where your password or user name are used by someone else. You agree to
notify the Company immediately of any unauthorised use of your password or user name and any other breach of security as soon
as you become aware of it.
4. Intellectual Property Rights
The content on the Website, except all User Submissions (as defined below), including without limitation, the text, software,
scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service
marks and logos contained therein ("Marks"), are owned by or licensed to the Company, subject to copyright and other
intellectual property rights under English and EU laws and international conventions.
Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied,
reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes
whatsoever without the prior written consent of the respective owners. The Company reserve all rights not expressly granted
in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content
other than expressly permitted in these Terms of Use, including any use, copying, or distribution of User Submissions of
third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for
personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent,
disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or
copying of any Content or enforce limitations on use of the Website or the Content therein.
5. User Submissions
A. The Website may now or in the future permit the submission of videos, user comments or other communications submitted by
you and other users (together, "User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You
understand that whether or not such User Submissions are published, the Company does not guarantee any confidentiality with
respect to any User Submissions.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In
connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses,
rights, consents, and permissions to use and authorise the Company to use all patent, trademark, trade secret, copyright or
other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the
manner contemplated by the Website and these Terms of Service; and (ii) you have the written consent, release, and/or
permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and
every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by
the Website and these Terms of Service.
For clarity, you retain all of your ownership rights in your User Submissions.
However, by submitting the User Submissions to the Website, you grant the Company a worldwide, non-exclusive, royalty-free
and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User
Submissions in connection with the Website and the Company's business, including without limitation for promoting and
redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels.
You also grant each user of the Website a non-exclusive license to access your User Submissions through the Website, and to
use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the
functionality of the Website and under these Terms of Service. This license is granted by you in perpetuity save that it
shall terminate once you remove or delete a User Submission from the Website.
C. In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted,
protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights,
unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant the
Company all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage the Company
or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic,
harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offence, give
rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of
business: (v) impersonate another person.
The Company does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and the Company
expressly disclaims any and all liability in connection with User Submissions. The Company does not permit copyright
infringing activities and infringement of intellectual property rights on its Website, and the Company will remove all
Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual
property rights. The Company reserves the right to remove Content and User Submissions without prior notice. The Company will
also terminate a User's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User
who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more
than twice.
The Company also reserves the right to decide whether Content or a User Submission is appropriate and complies with these
Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but
not limited to, pornography, obscene or defamatory material, or excessive length. The Company may remove such User
Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time,
without prior notice and at its sole discretion.
D. Any User Submission that is deemed to be offensive and/or illegal will be removed from the Website. The following is a
list of potentially offensive and/or illegal content but this list is not definitive.
(i) nudity, whether partial or whole including nudity of children of any age.
(ii) exploitation of children and/or minors including disclosure of information, beyond a first name, personally identifying
information about persons under the age of 18.
(iii) disclosure of personal information about another individual for malevolent purposes, including libel, slander,
defamation or harassment.
(iv) advertisements of a particular product or service. that, in the sole judgment of the Company, does not otherwise have
redeeming value to the community.
(v) grossly offensive content, including but not limited to, blatant expressions of bigotry, prejudice, racism, hatred and
profanity.
(vi) promotion and/or provision of instructional information about illegal activities.
(vii) cruelty to animals.
(viii) copyrighted material that is used without the express permission of the owner including software.
(ix) material that is abusing, harassing, stalking, threatening or otherwise violating the legal rights of others (such as
the rights of privacy and publicity).
(x) viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website servers
or another users computer.
(xi) violation of any applicable laws or regulations not specifically referenced herein.
Users should be aware that User Submissions containing any of the above or similar could lead to criminal prosecution.
E. In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content
infringes upon your copyrights, you may submit a notification by providing our Copyright Agent with the following information
in writing:
(i) A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is
allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single
online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is
to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to
locate the material;
(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number,
and, if available, an electronic mail;
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by
the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorised
to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Company's designated Copyright Agent to receive notifications of claimed infringement is: Data Protection, Business
Affairs Department, RDF Media Limited, Gloucester Building, Avonmore Road, Kensington Village, London W14 8RF. Any other
feedback, comments, requests for technical support, and other communications should be directed to customer service through
http://www.comedydemon.com/about-comedy-demon.
F. You understand that when using the Website, you will be exposed to User Submissions from a variety of sources, and that
the Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such
User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate,
offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies
you have or may have against the Company with respect thereto, and agree to indemnify and hold the Company, its
owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related
to your use of the site.
6. Acceptable Use
In addition to all terms specified in paragraph 5 above and elsewhere in these Terms of Use you must also abide by the
Acceptable Use Policy which is located at
http://www.rackspace.co.uk/content/s2/PDFs/Legal/Acceptableusepolicy.pdf?from=7333381094752759
7. User Downloads
The Content that are made available for download or viewing by you shall be downloaded once your payment
has been authorised. Until your payment is authorised, the Company may decline to supply the Content to
you. No contract will be entered into between you and the Company unless and until you make payment for the Content.
You must be over 18 to be able to download any Content from the Website.
You are responsible for providing all equipment and software necessary for you to download and view the Content. You must ensure your equipment and software is compatible with the Content by checking the
minimum operating requirements. The Company will not be responsible to you if your equipment or software is not compatible
with the Content.
Please note Content can only be accessed and viewed on the equipment you downloaded it to and may not be
transferred to any other person or equipment.
You are not able to cancel any transaction after you have confirmed you wish to purchase the Content and
authorised payment has been received. If you are unable to view the Content or complete the download
process, or wish the Company to provide a replacement for a download that is defective, please go to the
About section. Where this is due to the Company’s
default, the Company will replace or refund the Content at its discretion.
8. Payment
The price payable for Content is set out on the Website. If, by mistake, the Company has under-priced an
item of Content, the Company will not be liable to supply that Content to you at
the stated price, provided that the Company notifies you before the Content concerned is downloaded by
you. All prices are expressed inclusive of any VAT payable unless otherwise stated.
You can pay by Switch/Maestro or any Mastercard or Visa credit card. Your card details will be encrypted to minimise the
possibility of unauthorised access or disclosure. Authority for payment must be given at the time of order and you will be
charged at this time.
The Company accepts orders only from Web browsers that permit communication through Secure Socket Layer (SSL) technology.
Please note that your internet service provider ("ISP") may charge you for the bandwidth you use in using the Website and use
of the Website may exceed any limits you have on bandwidth. You will be responsible for this and these costs - please contact
your ISP for details.
9. Warranty Disclaimer
You agree that your use of the Website shall be at your sole risk. To the fullest extent permitted by law, the Company, their
respective officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the
Website and your use thereof.
The Company make no warranties or representations about the accuracy or completeness of this site's content or the content of
any sites linked to this site and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of
content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our
website, (iii) any unauthorised access to or use of our secure servers and/or any and all personal information and/or
financial information stored therein, (iv) any interruption or cessation of transmission to or from our website, (iv) any
bugs, viruses, Trojan horses, or the like which may be transmitted to or through our website by any third party, and/or (v)
any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content
posted, emailed, transmitted, or otherwise made available via the Website.
The Company do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by
a third party through the Website or any hyperlinked website or featured in any banner or other advertising, and the Company
will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of
products or services. As with the purchase of a product or service through any medium or in any environment, you should use
your best judgment and exercise caution where appropriate.
10. Limitation of Liability
In no event shall the Company, their respective officers, directors, employees, or agents, be liable to you for any direct,
indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or
inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and
use of our website, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information
and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our website, (iv)
any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through our website by any third party, and/or
(v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any
content posted, emailed, transmitted, or otherwise made available via the Website, whether based on warranty, contract, tort,
or any other legal theory, and whether or not the Company is advised of the possibility of such damages. The foregoing
limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
You specifically acknowledge that the Company shall not be liable for user submissions or the defamatory, offensive, or
illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
The Website is controlled and offered by the Company from its facilities in the UK. The Company makes no representations that
the Website is appropriate or available for use in other locations. Those who access or use the Website from other
jurisdictions do so at their own volition and are responsible for compliance with local law.
11. Indemnity
You agree to defend, indemnify and hold harmless the Company, their respective parent corporations, officers, directors,
employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and
expenses (including but not limited to lawyer's fees) arising from: (i) your use of and access to the Website; (ii) your
violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation
any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third
party. This defence and indemnification obligation will survive these Terms of Service and your use of the Website.
12. Age Requirements for use of this Website
This Website is available for individuals of any age, although there is some content only suitable for individuals aged 12 years or older. This content is clearly marked. If you are 12 but under the age of 18, you should review these terms and conditions with your parent or guardian to make sure that you and your parent or guardian understand these terms and conditions.
12. Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be
assigned by the Company without restriction.
13. General
You agree that: (i) the Website shall be deemed solely based in the UK; and (ii) the Website shall be deemed a passive
website that does not give rise to personal jurisdiction over the Website, either specific or general, in jurisdictions other
than English law. These Terms of Service shall be governed by the internal substantive laws of England and Wales, without
respect to its conflict of laws principles. Any claim or dispute between you and the Company that arises in whole or in part
from the Website shall be decided exclusively by a court of competent jurisdiction located in England.
These Terms of Service, together with the Privacy Notice at
http://www.comedydemon.com/footer-pages/privacy and any other legal notices published by the Company on
the Website, shall constitute the entire agreement between you and the Company concerning the Website. If any provision of
these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not
affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No
waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other
term, and the Company's failure to assert any right or provision under these Terms of Service shall not constitute a waiver
of such right or provision. The Company reserves the right to amend these Terms of Service at any time and without notice,
and it is your responsibility to review these Terms of Service for any changes. Your use of the Website following any
amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND THE COMPANY
AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF
ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.