TERMS OF USE AGREEMENT


GENERAL


Site

The websites BestComedyMurderMystery.com, WitAndAWinkEntertainment.com, WitAndAWink.com (collectively known as “Site”) are run by McDowell Administrative & Accounting Services, LLC dba Artistry Matters (“AM”).


Acceptance of Terms

By using the Site, you agree to be legally bound by all the terms and conditions contained in this Terms of Use Agreement ("Agreement") and all applicable laws and regulations. Further, by using the Site, you agree not to violate or attempt to violate the security of the Site in any manner whatsoever or attempt to change, edit, or modify, any aspect of the Site without express written permission from AM.


This Agreement may be modified from time to time at AM’s sole discretion. AM will attempt to update this webpage as soon as possible to reflect any changes when made.  Your use of the Site is subject to the Agreement in force at the time of your usage.


You represent that you are at least 18 years old, or are at least the minimum legal age to enter into a contract in the jurisdiction in which you are viewing the Site.


Infringement

AM desires to respect the rights of others as well as all applicable laws.  If you feel anything on the Site infringes upon your privacy or rights or any laws, contact AM’s  main office.


Age Minimums

You must be an adult (18 years of age) to purchase items on the Site. We prohibit submission of any personal information by minors on the Site.  If you are under 18, a teenager, and wish to purchase items from AM, please call AM’s main office and speak to a representative.


Reserved Rights

AM reserves the right to refuse service or permissions to anyone at its sole discretion.  AM further reserves the right to make any changes whatsoever it deems practical, necessary, or in its best interest as relates to all matters having to do with the Site and its business.


Copyright

All content on the Site as well as all visual and audio depiction and arrangement of that content is the property of AM or it’s third party associates and is protected by all United States and international copyright laws.


Permitted Use

You are authorized to view and to retain a copy of pages of the Site for your own personal noncommercial use only. However, any reproduction, publication, further distribution, modification, broadcast, public exhibition, or usage for commercial or promotional purposes of any content on the Site in whole or in part is strictly prohibited, unless express written permission from AM is granted or supplied herein.  Nothing stated or implied in the Site confers on you any license or right to the contrary.


Advertisers, please contact AM’s main office to secure any desired permissions.


Links

The Site may reference or may be linked to or from third-party websites.  Any links from the sites are for your reference and convenience only and does not imply or mean AM endorses the content on those sites in any way. AM has no control over third-party sites or their content and further cannot and does not make any guarantees whatsoever for any other business or website including those that may be linked to or from the Site, whether or not the link appears on the Site, and whether or not they are third party associates of AM.  View these sites at your own risk and discretion.


By using the Site and/or purchasing products and services from AM, and by linking to or from third-party sites, you agree and understand that you may not make any claim against AM for any damages or losses, whatsoever, resulting from your use of the Site or any third-party sites.  AM is not responsible or liable for any loss or damages incurred as a result of any dealings with any third-party sites, or the owners or operators of those sites, or any other person with whom you engage in any transaction.


Disclaimer

AM does not promise that the Site or any services or products offered on the Site or any function of the Site will be error-free, uninterrupted, accurate, complete, reliable, current, nor that it will provide specific results from use of the Site or any content, search or link on them. The Site and its content are delivered on an "as-is" and "as-available" basis. AM cannot ensure that files you download from the Site will be free of viruses or contamination or destructive features.


AM disclaims all warranties express or implied..  AM will not be held liable for any damages of any kind arising from the use of the Site including without limitation, direct, indirect, incidental, punitive and consequential damages.


Indemnity

You agree to indemnify and hold AM, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Site.


Disputes

If there is any dispute about the Site or involving the Site, you agree that the dispute will be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of California, County of Orange.


SALES POLICY


Sales & Refunds

All sales purchased on the Site and by telephone are final at the time of purchase.  AM  cannot guarantee any exchange or refunds because of set costs and/or timing of events. You are responsible for all details related to your purchase prior to the transaction and completion of your order.


Credit Card Charges

Additional charges to your credit card may be necessary beyond your original purchase if changes are made to your purchase that incur additional cost or an incorrect amount is charged. 


PRIVACY POLICY


Consent and Changes

By visiting the Site, calling our offices, or emailing AM, you consent to our privacy policies in effect at the time you visit the Site, call us, or email us.  These policies may be updated from time to time at AM’s sole discretion whether or not stated here. AM will attempt to update the Site as soon as possible to reflect any changes when made.


While every attempt is made to secure information transmitted to and from the Site, there is a possibility that information you submit could be observed by a third party while in transit. We cannot guarantee that our Server will be free from unauthorized users or hackers.


Information Collection and Use

The Site collects personally identifiable information when you make a purchase on the Site (including but not limited to name, email addresses, telephone numbers, credit card information, etc).  The Site may also collect information from your browser including but not limited to browser type, browser version, browser settings, operating system, pages visited, your IP Address, and Cookies.  AM may use this information for systems administrative, statistical, and general purposes such as allowing you to add products and services to your shopping cart, tailoring the content within the Site to match your interests, and ensuring that the Site continues to operate properly with commonly used operating systems and browsers. Your IP Address may be stored and used for security purposes to prevent fraud and other illegal activity.


By emailing AM, the personally identifiable information sent to us (see examples above)  may be used for AM’s exclusive use (exceptions noted below).


By phoning AM, the personally identifiable information given to us (see examples above)  may be used for AM’s exclusive use (exceptions noted below).


Information Sharing and Use of Information

AM does not sell or rent personally identifiable information from our Customers to third parties.  However AM may need to provide some personally identifiable information to our vendors and associates to complete your transaction or as required by law.


Additionally, the personally identifiable information you provide in any manner to AM may be used by AM and their associates to fully complete your transaction.  This may include but is not limited to calling or emailing you to clarify information.


(E)Mailing Lists

AM’s email and mailing lists are comprised of customers who have contracted with AM, vendors and associates who have worked with AM, fellow business organization members, business associates, vendors, those requesting specific information regarding AM’s services and products by phone, email, or website, as well as others.  These lists may be used to send periodic notification of new products and services, as well as promotions and special offerings.


Unsubscribing

You may unsubscribe to AM’s mailing lists at anytime by following “unsubscribe” directions or calling the AM main office. If you have your emails forwarded to secondary emails, you may need to make sure the original email is the one that you unsubscribe. 


Photographs and Likeness

As far as AM is aware, all photographs and visual or audio likenesses of Customers used in AM advertising or on the Sites were taken in a public space with no expectation of privacy.  However, if you discover your likeness used and prefer AM not to do so, contact the AM main office. 


Cookies

Cookies are small text files that are downloaded to your computer. Cookies cannot damage your computer. Cookies, by themselves, cannot be used to identify you. Cookies are used by AM to allow the smooth operation of the Sites and to track activity so that we may tailor the content of the Sites to match our customers’ interests


LIVE PUBLIC SHOWS POLICY


Special Celebration and Group Information

If you indicate you are celebrating a special occasion, or fill out a group information sheet, AM may use the “inside” information collected on your celebrant(s) and/or company by giving this information to the performers for improvisational purposes during the live show or for use in show newspapers and bulletins. AM can make no guarantees as to how we will use this information except to say that our intent is always to honor the celebrant(s) and nothing is ever intended in a mean-spirited way.


Special Dietary Requests

Some special dietary requests will not be possible due to food preparation limitations of our vendors (hotels, restaurants, caterers, etc) and the general banquet setting of some of AM’s live shows. Consequently, other than those specified online (i.e. can request no dressing), AM will attempt to accommodate special dietary requests, but can make no guarantees.


Performers

AM makes no guarantees as to the specific performers for a particular live show, regardless of any pictorial, audio or other representation on the Sites or in other marketing.


Live Show Duration

Due to the improvisational nature of AM’s live shows and entertainment, reliance on venue partners, and other factors, exact timing cannot be anticipated.  AM provides their best estimate of live show, entertainment, and/or meal duration, but makes no guarantees as to start and end times.


Performance Guarantee

Due to the improvisational nature of AM’s live shows, no guarantee as to any aspect of dialogue,  improvisational performance or sequence of events is made. 


Photographs and Likeness

Customers:  AM’s performers are professionals.  You agree that any photographs taken are for your own personal noncommercial use only so long as the likeness does not portray AM or its performers, products, services, Customers, associates and the like in a false, misleading, derogatory, or otherwise offensive manner, final determination of which is solely at AM’s discretion. No commercial use is permitted without AM’s express written permission.


AM:  AM asserts that there is no expectation of privacy at a live show.  Therefore, on occasion, photographs, and visual or audio likenesses may be taken of Customers by AM and used for AM purposes including but not limited to commercial use for advertising and marketing of AM in any manner AM sees fit.  If for any reason you do not wish your likeness to be used, contact the AM main office.


Public Show Cancellations

Regretfully, on occasion, usually due to guest minimums required by AM’s public show venues, a public show must be canceled in full.  AM will notify you as soon as possible if a cancellation occurs for any reason.  Current telephone number(s) and email address(s) are required and necessary for all show reservations in order to make this notification possible.  AM diligently works to avoid cancellations of any kind.


If a public show is canceled or otherwise not presented for any reason, AM will offer a refund for charges for the show in question.


AM cannot be held responsible for any damages, financial or otherwise if an attempt to notify you prior to your show performance is made regarding a cancellation, nor can AM be held responsible for voicemail or email problems of any kind.  Further, due to the improvisational nature of AM’s shows, full cancellation of a show cannot be misconstrued to mean changes to a particular show performed or “cancellation” of any perceived or previously viewed aspect of a particular show.



 

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