You should read these terms and conditions of use (“Terms of Use”) before further proceeding with accessing, viewing, and otherwise using the Dave Attell Official Website (“Site”), since it is a condition to your access, view and use that you agree to these provisions. If you continue to visit this Site, then you have agreed to these terms and conditions. Thank you again for stopping by the Site.
Dave Attell (“Dave”) and Cranky Baby Productions, Inc. (“Our”, “we”, and/or “us”), welcome you to this Site. We hope you will enjoy and be entertained by our Site.
1. Access to the Site
This Site is intended to be accessed by those of you who are over 13 years old. If you are not at least 13 years old, then you must stop accessing this Site. If you do not agree with any of the Terms of Use, then you need to also stop accessing this Site. Your continued access to this Site means that (a) you are at least 13 years old, and you agree to all of the Terms of Use.
2. Use of Content and Proprietary Notices
2.1 The content of this Site, including, but not limited to all text, design, Dave’s diary, photographic images, video clips, illustrations, artwork, jokes and all other protectable elements of this Site (collectively, the “Content”) remains the sole and exclusive property of us, including all copyright, trademarks and all other proprietary rights. You agree not duplicate, or otherwise extract any of the Content for any purpose unless otherwise authorized by us. You also agree not to sell or modify the Content, display, publicly perform, distribute or otherwise use any of the Content, in whole or in part, for any public or commercial purposes without our prior written consent.
2.2 All trademarks and service marks, including, but not limited to characters, artwork, logos, identified on this Site are owned exclusively by us, unless otherwise indicated on this Site. You agree not to remove, modify, use or otherwise exploit any of our trademarks or service marks without our prior written consent.
2.3 The Content may be updated and otherwise modified by us without notice. You should keep looking at this Site to see if any of the Content has changed, including any tour dates and locations. Dave’s tour dates may not be correct or up to date and should be confirmed by you by contacting the tour location.
2.4 You agree to use this Site for your own personal use.
3. Improper Use
3.1 You agree not to submit to us or through this Site any materials that (a) infringe any copyright or other proprietary rights of any other party, or (b) contain any defamatory or libelous statements, (c) invade any person’s privacy, (d) harasses or threatens the safety of any person, (e) is racially, culturally, or ethnically offensive, hateful, or (f) otherwise violates any federal, state, local or foreign laws or regulations.
3.2 You further agree not to or permit any other person to:
(a) transmit, distribute or upload programs or material that contain malicious code, including, but not limited to viruses, time bombs, cancelbots, worms, Trojan horses, Easter eggs, spyware, or other potentially harmful programs or other materials or information;
(b) send or enable the transmission of junk email, duplicative or unsolicited messages, or so-called “spamming” or “phishing”;
(c) disrupt, impair, alter or otherwise interfere with the functions, features, Content or use of this Site;
(d) violate any laws, regulations, judicial or governmental order, any treaties, or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other firths of ours or of any third party;
(e) gain unauthorized access to this Site; and/or
(f) improperly display any TCP/IP packet header or part of the header information in any email or other postings.
4. Copyright Infringement Notification and Procedure
4.1 If you believe that this Site contains text, images, or other elements that infringe your copyrights in your work, please follow these procedures.
4.2 All notifications of claimed copyright infringement related to this Site should be sent only to our Designated Agent identified below. Note that the Designated Agent may change from time to time, so you should check this Term of Use before sending any notification to us.
(a) Written notification must be submitted by email, fax or mail to the following Designated Agent:
3Arts Entertainment
(b) Name of Agent Designated to Receive Notification of Claimed Infringement:
Dave Becky
(c) Full Address of Designated Agent to Which Notification Should be Sent:
(d) Telephone Number of Designated Agent:
(310) 888-3200
(e) Facsimile Number of Designated Agent:
(310) 888-3210
(f) Email Address of Designated Agent:
webmaster@daveattell.com
4.3 In order to comply with Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include the following:
(a) An electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the copyright owner of the copyrighted work(s);
(b) Identification of the copyrighted work(s) that you or the copyright owner claim has been infringed;
(c) A description of the material that you or the copyright owner claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page as to this Website where it is lawfully posted;
(d) A clear description of where the infringing material is located on our website, including as applicable its URL, so that we can locate the material;
(e) Your name, address, telephone number, and e-mail address;
(f) A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(g) 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.
5. Privacy Policies
All privacy related provisions as to this Site can be found by clicking HERE, and are incorporated herein by reference.
6. Submissions
6.1 You understand agree that if and when you decide to submit any and all materials, written, audio, video or photographic, electronic or otherwise (collectively, the “Submissions”) to this Site:
(a) The Submissions are not in breach any of these Terms of Use, nor do the Submissions violate any law or judicial or governmental order;
(b) You represent and warrant that you own all rights to and/or are authorized to provide to us the Submissions for our unrestricted utilization;
(c) You agree that we can use, duplicate, post, display, sell, license, transfer and otherwise distribute the Submissions in any manner and to any other parties we elect without your further consent and that we are not obligated to pay to you any compensation or royalties or otherwise for such usage, and such granted rights are non-revocable, transferable, assignable, sub-licensable and perpetual;
(d) You waive any and all moral rights to such Submissions; and
(e) We can modify, alter, delete, remove or otherwise not display or post such Submissions at our sole discretion.
7. Hyperlinks to Other Websites
You understand and agree that any hyperlinks to other websites that are suggested or identified in this Site or advertisements of other parties products or services are provided to you for convenience purposes only and that we do not make any representations or warranties regarding such websites, or the products or services offered through such websites. We do not endorse, verify or otherwise have any responsibility for any such websites, their business practices, or any goods or services associated with such websites.
8. Disclaimer
8.1 THIS WEBSITE IS PROVIDE TO YOU “AS IS” AND “AS AVAILABLE,” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF FITNESS FOR ANY PARTICULAR PURPOSE OR MERCHANTABILITY.
8.2 Without limiting the foregoing, we are not responsible for any malicious code, delays, inaccuracies, errors, or omissions arising out of or resulting from your access and use of this Site.
9. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED UNDER LAW, YOU UNDERSTAND AND AGREE THAT THIS SITE, DAVE ATTELL, CRANKY BABY PRODUCTIONS, INC. AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS AND AGENTS, REPRESENTATIVES, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, MANUFACTURERS AND SUPPLIERS SHALL NOT BE RESPONSIBLE FOR ANY LIABILITY, LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THIS SITE OR FROM THIS TERMS OF USE, INCLUDING, BUT NOT LIMITED TO DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.
10. Merchandise
10.1 All merchandise sold by us through this Site (“Merchandise”) at www.daveattell.com (or such successor website location) are guaranteed by us, the manufacturer, licensor or distributor, as applicable, against defects in material and workmanship for thirty (30) days from the date of shipment or download, whichever is applicable. If any problem is discovered by you during the warranty period, and no later than five (5) days after the expiration of the warranty period you can either (i) first contact us by sending an email with a subject matter indicating Merchandise Problem or a similar description to Webmaster@daveattell.com, and in the email providing us with details of the problem and how we can contact you in order that we can respond either by telephone or email to your reported problem, or (ii) return the Merchandise, at your cost, to the address of the original shipper of the Merchandise.
10.2 Our sole liability and your exclusive remedy under this Section 10, is for us to repair or replace the Merchandise, or refund your paid amounts for the defective Merchandise if we are unable to repair or replace the item or we decide to instead refund your paid amounts. All defective Merchandise must be timely returned to us or a timely email must be received by us as noted above, otherwise you will not be entitled to the remedial rights under this Section 10.
10.3 The purchase of any of the Merchandise are also subject to any other provisions stated in this Site or as indicated during the ordering process.
10.4 EXCEPT AS STATED IN THIS SECTION 10, NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF FITNESS FOR ANY PARTICULAR PURPOSE OR MERCHANTABILITY ARE GIVEN BY US WITH RESPECT TO THE MERCHANDISE.
11. General
11.1 You agree to indemnify and hold us harmless from and against any and all claims, liabilities and damages (including, but not limited to reasonable attorneys’ fees and legal costs) arising from your breach of this Terms of Use.
11.2 These Terms of Use and your use of this Site are governed by the laws of the State of California without giving effect to any choice of law or conflict provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of California. Any and all disputes, claims or actions arising out of these Terms of Use or your use of this Site or the Merchandise sold through this Site will be exclusively heard in the state or federal courts located in
11.3 You may not use or export or re-export the Content at or on this Site or any copy or adaptation thereof in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations.
11.4 If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
11.5 No failure or delay by a party in exercising any right, power or privilege under these Terms of Use shall operate as a waiver thereof.
11.6 These Terms of Use, and all other provisions stated in or through this Site, including the privacy provisions, state the entire agreement between the parties relating to use of this Site and the Merchandise sold through this Site. The Terms of Use and any other provisions stated in or through this Site may be amended at any time by us without notice.