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Terms of Use

Last updated: October 21, 2015

THE ROOFTOP SERVICE

This is an agreement between you and Audible, Inc. d/b/a Rooftop (with its affiliates, “Rooftop”, “we” or “us”) regarding the comedy talent service operated by Rooftop offering, among other things, tools and content designed to help comedians manage and grow their careers (the “Service”). These Terms of Use, as updated by us from time to time, the specific rules, policies and guidance we provide regarding the Service and features of it, as updated by us from time to time (“Rules”), and the terms of each of the following, as updated by us from time to time (the “Incorporated Terms”), all of which are incorporated into these Terms of Use, are collectively referred to as the “Terms” and govern your use of the Service:

By signing up for or using the Service, you agree to the Terms. If these Terms of Use or the Rules contradict any part of the Incorporated Terms, these Terms of Use and the Rules will take precedence.

The Service

We may add or remove content and services to the Service from time to time and make no guarantee as to the availability of specific content or services. Our business may change over time and we reserve the right to cancel the Service in whole or in part without notice and without liability to you.

Agreement Changes

We may, in our discretion, change the Terms, any elements of them and any aspect the Service without notice to you. If any change to these Terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes. Your continued use of the Service after we change the Terms constitutes your acceptance of the changes. If you do not agree to any changes, you may not continue to use the Service.

Service Usage and Restrictions

You may use the Service only for your personal, non-commercial purposes. You may use the Service only as permitted by law. We grant you a non-exclusive, non-transferable right to use the content we make available to you through the Service, which terminates automatically without notice from us if we no longer make the content available through the Service or if you fail to comply with any of the Terms.

You agree that, in connection with your use of the Service, you will not: upload, post, transmit, publish, link to or distribute any content that: (i) is libelous, pornographic, or unlawful or that encourages any of the foregoing; (ii) is harassing, abusive, threatening, harmful, excessively violent or racially or ethnically objectionable or promotes bigotry, racism or harm against any group or individual; (iii) constitutes a breach of any person's privacy or publicity rights, hate speech or an infringement or misappropriation of any third party's rights of any kind; (iv) is subject to any restriction upon transmission under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of an employment relationship or under a nondisclosure agreement); or (v) violates or encourages others to violate any applicable law (the “Content Guidelines”).

Termination by Us

We may terminate your use of the Service at our discretion without notice. Our failure to insist upon or enforce your strict compliance with the Terms will not constitute a waiver of any of our rights.

Age and Other Restrictions

You must be at least 18 years old to use the Service. If you are under the age of 18, you may not use the Service or provide personal information to us. Creation of accounts and artist profiles for the Service may be made only by the individual artist and by representatives of the artist who have the legal right to act on behalf of the artist. If you are not the artist or do not have the legal right to act on behalf of the artist, you may not create an account or an artist profile for that artist.

Your Provision of Profile and Other Data and Materials

If you provide profile and other data through Service, you represent and warrant that: (a) the information you provide, including information you provide as part of any registration process ("Registration Information") is true, accurate, current, and complete; (b) you will maintain and promptly update Registration Information and other data you provide to keep it true, accurate, current and complete; and (c) if you are providing Registration Information on behalf of another person or entity (e.g., in a capacity as such person's agent or manager or on behalf of a sketch group), you have the authority to do so. You are responsible for maintaining the confidentiality of your passwords, and are fully responsible for all activities that occur under your passwords, whether or not expressly authorized by you.

License Granted by You to Rooftop

We may provide you the opportunity to provide content to and distribute content through the Service in various ways.

Unrestricted Content

As a general matter, if you make content available to or through the Service you grant to us a non-exclusive, worldwide, royalty-free right and license to use, reproduce, distribute, transmit, perform, modify and display the content in any media formats now known or later available.

Restricted Content

We may, from time to time, offer you tools designed to permit you to make content available for distribution solely in connection with the Service and the marketing, promotion and distribution of the Service. If you use one of these tools, then the license you grant to us for the content you provide us using the tool will be as provided above but only for distribution in connection with the Service and the marketing, promotion and distribution of the Service.

If you remove the content that you previously made available to or through the Service, your license to us will terminate with respect to the content when you remove the content, but you acknowledge that our systems may retain archived copies of the content and that your removal of the content does not affect copies of the content that were distributed prior to removal. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your content. The rights you grant to us with respect to your content extend to us and to any person or entity designated or engaged by us or acting on our behalf and are in addition to any rights we may otherwise have.

Representations, Warranties and Indemnities

You represent and warrant that: (a) you have all the rights necessary to grant us the rights granted in these Terms; (b) the information and content you make available through the Service and our use of them as authorized by these Terms of Use will not violate or infringe the privacy rights, publicity rights, intellectual property rights or other rights of any person or entity and are not defamatory; (c) all factual statements that you submit are accurate and not misleading; and (d) the content you make available through the Service is in accordance with the Content Guidelines. You agree to indemnify, defend and hold harmless Rooftop and its directors, officers, employees, agents and assigns from all claims, liabilities, damages and expenses, including reasonable legal fees and expenses, arising out of or in connection with our permitted use of content you provide or from your breach of these Terms or of your representations or warranties.

Objectionable Content

You understand that by using the Service, you may encounter content that you may deem offensive, indecent or objectionable, which content may or may not be identified as having explicit language or other features. Nevertheless, you agree to use the Service at your sole risk, and we will have no liability to you for content that may be found to be offensive, indecent or objectionable.

Privacy

The Amazon Privacy Notice governs use of the Service.

Electronic Communications

When you use the Service, send e-mails to us and otherwise communicate with us using electronic means, whether in writing or through spoken instructions, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that communications be in writing.

Notice and Procedure for Making Claims of Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Rooftop's copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Rooftop that your copyrighted material has been infringed.

  1. A description of the copyrighted work that you claim has been infringed upon
  2. A description of where the material that you claim is infringing is located on the Site;
  3. Your address, telephone number and e-mail address;
  4. 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;
  5. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
  6. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.

Rooftop's Copyright Agent for notice of claims of copyright infringement on the Site can be reached as follows:

Audible, Inc. d/b/a Rooftop Media, Legal Department
One Washington Park
Newark, NJ 07102 USA
phone: (973) 820-0686
e-mail: copyright@audible.com

NOTE: THE ABOVE CONTACT INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING ROOFTOP THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, (E.G., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF EMAIL ABUSE, AND PIRACY REPORTS), WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS AND SHOULD BE DIRECTED TO OUR CUSTOMER SERVICE GROUP VIA EMAIL TO customersupport@audible.com OR BY PHONE TO (888) 283-5051.

Disputes; Limitation of Liability

Any dispute or claim arising from or relating to your use of the Service or these Terms is subject to the governing venue for disputes, governing law, disclaimer of warranties and limitation of liability in the Amazon Conditions of Use.