Effective March 1, 2008

This agreement describes the terms and conditions for the website domain www.comedybids.com and any related subdomains. If you do not agree or abide by this agreement, you do not have permission to use our services.

Our Relationship With You
Limitation of Liability
Eligibility and Types of Accounts
Fees by Account Type
Legal
Termination of Account Conditions
Contacting ComedyBids.com


Our Relationship With You

1.1 ComedyBids.com is only a meeting place. ComedyBids.com is a meeting place for event planners and comedians. We do not handle transactions between event planners and comedians for events booked through our online service. We do not have control of or liability for services that are promoted on our website. We do not guarantee the identity of any website user, ensure that an event planner will complete a transaction with one of our comedians, or that any of our comedians will perform at an event. It is the responsibility of an event planner and a comedian to formalize contracts to ensure all parties are protected.

1.2. Your Privacy. Your privacy is very important to us. You can review our privacy policy by clicking on the Privacy Policy link at the bottom of each page to better understand our committment.

1.3 Privacy of Others. If you receive information about another ComedyBids.com comedian or Client through our service, you must keep the information confidential and only use it in connection with the service. You may not disclose or distribute a ComedyBids.com users' informatoin to a third party or use the information for marketing purposes unless you receive the user's express consent to do so.

1.4 Assignment. You may not transfer or assign any rights or obligations you have under this Agreement without ComedyBids.com prior written consent. ComedyBids.com reserves the right to transfer or assign this agreement or any right or obligation under this agreement at any time.

1.5 Notices Sent to You. You agree that ComedyBids.com may provide notice to you by posting information on our website, emailing it to the email address listed in your account, or mailing it to the street address listed in your account. Such notice shall be considered to be received by you within 24 hours of the time it is posted to our website or email to you unless we receive notice that the email was not delivered. If the notice is sent by mail, we will consider it to have been received by you seven business days after it is sent. ComedyBids.com reserves the right to terminate your ccount if you withdraw your consent to receive electronic communications from us.

1.6 Notices Sent to Us. Disputes and other notices to us must be sent by postal mail to: Comedy Bids, 903 Wartburg Drive, Bloomington, IL 61704

1.7 Release Information. We are strictly a meeting place for event planners and comedians; therefore, in the event that you have a dispute with one of our comedians or any one of our website users, you agree to release ComedyBids.com and all officers, employees and agents from claims and damages of all kinds arising from your use of our website.

1.8 Website Content. Comedians vary drastically in their content and performances. We cannot control the specific content that a comedian may post on their comedian page. Some information may be offensive or deceptive. You must use your best judgement when communicating with our comedians.

1.9 Feedback. Comedians agree that all clients have the right to post comments, positive or negative, about a performance that was booked through a meeting on ComedyBids.com. Any act a comedian takes to interfere with the integrity of our feedback system will be grounds for immediate termination of that comedian's account. We have the right to delete or modify feedback comments for a comedian for any reason at anytime. ComedyBids.com has the right to cancel a comedian's account if their feedback rating is consistently low. Website users, event planners, and client account holders agree that comedians have the right to refute any negative or positive comment posted about one of their shows. Any use of foul or threatening language, slander, or generally unprofessional rebuttals may result in immediate removal of the comment and possible suspension of comedian account. ComedyBids.com reserves the right to remove any feeback which we deem to be not objective or factual.

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Limitation of Liability

THE COMEDYBIDS.COM WEB SITE CONTENT IS PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMEDYBIDS.COM DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THIS WEB SITE OR ITS CONTENTS, WHETHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMEDYBIDS.COM WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES THAT ACCOMPANY OR RESULT FROM YOUR USE OF OUR WEB SITE. THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY USE OF (OR INABILITY TO USE) THE WEB SITE OR ANY SITE TO WHICH YOU HYPERLINK FROM OUR WEB SITE, FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE. FURTHERMORE, WE ARE NOT LIABLE EVEN IF WE'VE BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPTION: IN CERTAIN STATES THE LAW MAY NOT ALLOW US TO LIMIT OR EXCLUDE LIABILITY FOR THESE "INCIDENTAL" OR "CONSEQUENTIAL" DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY. THIS WEB SITE MAY CONTAIN TYPOGRAPHICAL ERRORS OR INACCURACIES AND MAY NOT BE COMPLETE OR CURRENT. COMEDYBIDS.COM THEREFORE RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS (INCLUDING AFTER AN ORDER HAS BEEN SUBMITTED) AND TO CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE. PLEASE NOTE THAT SUCH ERRORS, INACCURACIES OR OMISSIONS MAY RELATE TO PRICING AND AVAILABILITY.

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Eligibility and Types of Accounts

1.1 Eligibility. To use ComedyBids.com, you must be at least 18 years of age.

1.2 Comedian Accounts. This account can only be held by a professional comedian who is actively pursuing a career in comedy. You may hold more than one Comedian account, especially if you offer different types of performances and want to keep them separate, but each account is billed individually. We reserve the right to remove accounts if your intention undermines the integrity of our website or our search process. All comedians agree that a 'booked event' on our website does not constitute a legally binding contract. All comedians are encouraged to sign contracts with their client for the protection of all parties.

1.3 Client Accounts. Client accounts can be held by anyone looking for or considering the opportunity to hire a comedian. There is no charge to have a client account. There are only two requirements.
1.3a You must confirm your email address after submitting your account registration.
1.3b If you do decide to book a comedian, you must log back into ComedyBids.com and enter an agreed upon fee and click the 'Book Comedian' button to complete our process. This is a reasonable requirement considering ComedyBids.com does not charge clients anything for this service.

All clients and client account holders agree that a 'booked event' on our website does not constitute a legally binding contract. All clients are encouraged to sign contracts with their comedian for the protection of all parties.

1.4 Identity Authentication. You authorize ComedyBids.com the right to make inquires which will validate your identity. This can include asking for further information or requiring you to confirm ownership of an email address.

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Fees by Account Type

1.1 Client Account Holders. There is no cost to have a client account, and client account holders are under no obligation to hire a comedian because of any contact made on our website. Client account holders ARE required to notify ComedyBids.com if they book a comedian through our website, and they must provide the agreed upon fee to us. Clients can do this by logging into their ComedyBids.com account and follow the links to 'Book a Comedian'

1.2 Comedian Account Holders. Comedian account holders agree to pay the fees associated with their account. Comedians are billed an annual subscription fee for the ability to display information, pictures, videos, and marketing materials on ComedyBids.com. In addition, this allows the comedian to communicate through our system with event planners when bid requests are made to said comedian. This subscription fee does not guarantee that a client will book any given comedian. In addition, anytime a comedian is 'booked' for an event through ComedyBids.com, we will charge the comedian 10% of the agreed upon fee, 1 day after the event is scheduled to take place. For example, if an event planner 'books' comedian Joe Smith for an event on February 1, 2009 for $1000, we will charge Joe Smith's credit card for $100 on February 2, 2009. Any change in event fee or for any disputes regarding commission charges must be submitted to ComedyBids.com directly by emailing booking@comedybids.com.

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Legal

1.1 Compliance and Indemnification. You agree to comply with all domestic and foreign laws, local ordiances and statutes when conducting business. You agree to indemnify and hold ComedyBids.com, its affiliates, officers, employees, and agents harmless for any wrongful or illegal acts committed by you in the course of this venture. Stated alternatively, you are responsible for your own wrongful or illegal acts, and shall do whatever necessary to assure that the burden for such acts is not borne by ComedyBids.com.

1.2 Arbitration. Any legal claim related to our User Agreement or our services shall be resolved using arbitration rather than the courts. Each party will bear their own separate costs of such arbitration. Exclusions to using arbitration include legal action taken by ComedyBids.com to collect our fees stated in the fees section this User Agreement and to recover damages caused by malicious activity resulting in damage to our website.

1.3 Independent Contractors. ComedyBids.com and all comedian account holders along with client account holders are considered independent contractors and no employment or partnership is created through this agreement.

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Termination of Account Conditions

1.1 Fraudulent Activity. ComedyBids.com reserves the right to terminate any account, comedian or client, if we suspect you of engaging in fraudulent activity in any way, which can include dishonest marketing information, misinformation, or any other fraudulent activity while using our website.

1.2 No-Shows. We reserve the right to terminate your account for a no-show to an event where you were contracted to perform.

1.3 Not Responding to Bid Requests. You are required to respond to bid requests, whether you are are bidding on it or not. We have the right to terminate your account if we are continually notified that you are not responding to bid requests.

1.4 Posting Contact Information. Comedian accounts will immediately be terminated if you post contact information to a client when declining to bid on an event. Such action is seen as undermining our service and it will not be tolerated. We reserve the right to temporarily suspend comedian accounts if any contact information is displayed anywhere on your Comedian Page or anywhere on the marketing materials, videos or audio displayed on that page. We will provide you reasonable time to remedy the situation, but repeat offenses will not be tolerated.

1.5 Falsifying Information or Remarks About Other Comedians. Any account will be terminated if it is brought to our attention that any information processed on our website has been falsified. Comedians are not permitted to make disparaging remarks about other comedians as this is grounds for termination. Comedians also cannot use any means to circumvent our rating system or falsify any agreed upon fees. Comedians cannot make any statements that display an effort to discourage a client from hiring another comedian.

1.6 Deragatory Remarks and Foul Language. Any foul language is subject to ComedyBids.com approval and we reserve the right to remove anything on our site that we deem in violation. Any remarks made relating to a person's sex, race, ethnic background, sexual preference, color, or creed will not be tolerated. We reserve the right to remove any account holder engaging in these activities.

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Contacting ComedyBids.com

All issues relating to this User Agreement can be provided in writing to Comedy Bids, 903 Wartburg Drive, Bloomington, IL 61704.

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