Terms of Service

By accessing and using Open Comedy (“the Service”, “Platform”, “we”, “us”, or “our”), you accept and agree to be bound by these Terms of Service (“Terms”). These Terms constitute a legally binding agreement between you and Open Comedy.

If you do not agree to these Terms, you must not access or use the Service. Your continued use of the Service constitutes acceptance of any modifications to these Terms.

Open Comedy is an intermediary platform only. We provide a venue for connecting performers, bookers, venues, and event organisers. We do not employ, represent, or act as an agent for any user.

We are not a party to any agreements, contracts, or arrangements made between users of the platform. Any bookings, payments, or other transactions are solely between the parties involved.

We do not verify, endorse, or guarantee the identity, credentials, qualifications, experience, or abilities of any user, nor do we verify the accuracy of any information provided by users.

Permission is granted to temporarily access Open Comedy for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

• modify or copy the materials
• use the materials for any commercial purpose or for any public display (commercial or non-commercial)
• attempt to decompile or reverse engineer any software contained on the website
• remove any copyright or other proprietary notations from the materials

This license shall automatically terminate if you violate any of these restrictions and may be terminated by us at any time.

When you create an account with us, you must provide information that is accurate, complete, and current at all times. You are responsible for safeguarding the password and for all activities that occur under your account.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service.

You may not use our Service:

• For any unlawful purpose or to solicit others to perform unlawful acts
• To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances
• To infringe upon or violate our intellectual property rights or the intellectual property rights of others
• To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate
• To submit false or misleading information
• To upload or transmit viruses or any other type of malicious code
• To spam, phish, pharm, pretext, spider, crawl, or scrape
• For any obscene or immoral purpose

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, at our sole discretion.

Upon termination, your right to use the Service will cease immediately.

By using the Service, you acknowledge and agree that:

• You are solely responsible for evaluating and assessing the suitability, reliability, and trustworthiness of any user, venue, event, or opportunity you engage with through the Platform
• You assume all risks associated with any interactions, transactions, bookings, or arrangements made through or facilitated by the Platform
• We make no guarantees regarding the outcome of any booking, performance, event, or business relationship
• You are responsible for conducting your own due diligence before entering into any agreement with another user
• Any decisions you make based on information obtained through the Platform are made at your own risk and discretion

You expressly acknowledge and agree that:

• No guaranteed income: We do not guarantee any bookings, gigs, income, or financial returns from using the Platform
• Payment disputes: We are not responsible for any payment disputes, non-payment, late payment, or financial disagreements between users
• Cancelled events: We bear no responsibility for losses arising from cancelled, postponed, or modified events or bookings
• Third-party payments: Any payments made between users are entirely at your own risk. We do not process, hold, or guarantee any payments
• Lost opportunities: We are not liable for any lost business opportunities, lost profits, or economic losses of any kind
• Travel and expenses: You are solely responsible for any travel, accommodation, or other expenses you incur in connection with bookings made through the Platform

Users are strongly advised to use written contracts, obtain deposits where appropriate, and take all reasonable precautions to protect their financial interests when engaging with other users.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• Open Comedy, its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses
• Our total liability for any claims arising from or related to the Service shall not exceed the greater of (a) the amount you paid us in the twelve (12) months prior to the claim, or (b) £100
• We shall not be liable for any damages, liability, or losses arising from: (i) your use of or inability to use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; or (iv) unauthorised access, use, or alteration of your transmissions or content

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for incidental or consequential damages, so some of the above limitations may not apply to you. In such jurisdictions, our liability will be limited to the greatest extent permitted by law.

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
• Any warranty that the Service will be uninterrupted, timely, secure, or error-free
• Any warranty regarding the accuracy, reliability, or completeness of any information provided through the Service
• Any warranty that defects will be corrected
• Any warranty regarding the results that may be obtained from the use of the Service

No advice or information, whether oral or written, obtained from us or through the Service shall create any warranty not expressly stated in these Terms.

You agree to defend, indemnify, and hold harmless Open Comedy, its directors, employees, partners, agents, suppliers, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to legal fees) arising from:

• Your use of and access to the Service
• Your violation of any term of these Terms
• Your violation of any third-party right, including without limitation any copyright, trademark, property, or privacy right
• Any claim that your Content caused damage to a third party
• Any dispute between you and another user of the Service
• Any booking, payment, or other transaction you engage in through the Platform

This defence and indemnification obligation will survive these Terms and your use of the Service.

These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.

Any disputes arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of England and Wales.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Between Users: Open Comedy is not responsible for resolving disputes between users. Any disputes arising from bookings, payments, performances, or other interactions between users must be resolved directly between the parties involved.

With Open Comedy: If you have a dispute with Open Comedy regarding the Service, you agree to first attempt to resolve the dispute informally by contacting us. If informal resolution fails, any legal action must be brought in accordance with the Governing Law section above.

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, or if modification is not possible, shall be severed from these Terms. The remaining provisions shall continue in full force and effect.

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Open Comedy regarding the Service and supersede all prior agreements, understandings, and communications, whether written or oral.