This Site is owned and operated by ToastBoastRoast LLC (“ToastBoastRoast,”, “TBR”, “Us,” “Our,” or “We”). You may use this Site only subject to Your acceptance of and compliance with these Terms. If You do not agree with these Terms, You may not use the Site. If You use the Site, or if You order merchandise through the Site, We accept this as Your acknowledgement and acceptance of these Terms.
You acknowledge that Your use of the Site is at Our discretion, and Your license to use the Site may be terminated by Us at any time. We reserve the right, at Our sole discretion, to refuse service, to terminate any user’s account, and to alter or delete any material submitted to the Site through a user’s account.
CHANGES TO THESE TERMS
Any changes to these Terms will be included in a revised version of these Terms accessible through the Site. If You do not accept any revisions made to these Terms, you must stop using the Site.
PURPOSE OF THE SITE
The purpose of the Site is to allow you to commission an original performance (“Performance”) from a third-party Artist (“Artist”) for your personal use (the “Services”). You may also apply to become a Performing Artist and to receive compensation for composing performances for customers of ToastBoastRoast LLC.
RESTRICTIONS ON YOUR USE OF THE SITE
We grant You a limited, nonexclusive and revocable license to make use of the Site. You agree to use this Site only for lawful purposes and in accordance with these Terms. Your use of this Site may be terminated by Us at Our discretion. We reserve the right to determine, limit, provide, and withdraw access to the Site. This Site may not be used by children under the age of 18. Without limiting the foregoing, You specifically agree that You shall not:
(a) submit information that is untrue, harassing, abusive, threatening, advertising, soliciting, advocating an illegal activity, infringing, or in violation of any law
(b) access, download or copy any other user’s account information
(c) bypass any technical measures used to prevent or restrict access to any portion of the Site
(d) violate or attempt to violate the security of the Site
(e) interfere with or attempt to interfere with the proper working of the Site
(f) engage in any unauthorized use of content and materials included on the Site which, unless otherwise noted, is owned by Us
(g) make commercial use of the Site beyond the uses contemplated herein or modify, adapt, translate, copy, reproduce, imitate, distribute, publish or resell the Site or any of the content on the Site
(h) use any data mining, robots, or similar automated data gathering and extraction tools to access the Site
(i) reverse engineer, decompile or disassemble the Site, or convert into human readable form any of the contents of this Site not intended to be so read.
SUBMITTED INFORMATION AND CAN-SPAM
You agree and warrant that all information You provide to Us directly and/or through this Site, including but not limited to any contact information, is truthful and accurate. We reserve the right to send You informational email messages about the Site or Your use of the Site as permitted under the CAN-SPAM Act (15 U.S.C. §7701 et seq.). You agree that any and all communications sent to You electronically via the e-mail address you provide to Us will satisfy any legal requirement that such communications be in writing.
SUBMISSION OF CONTENT AND USER ACTIVITY
You understand that all information, communications, data, text, photographs, scans, or other materials that are uploaded, submitted, posted, emailed, transmitted or otherwise made available on or through the Site (collectively, “Content”) are the sole responsibility of the person or company from which such Content originated. This means that You, and not ToastBoastRoast LLC, are entirely responsible for all Content that originates from You.
You grant the following license with respect to any and all Content: You hereby expressly grant to ToastBoastRoast LLC a royalty-free, perpetual, non-exclusive, irrevocable right and license to use, reproduce, adapt, modify, publish, edit, translate, perform, transmit, exploit, sublicense or otherwise distribute and display the Content submitted in connection with the Site, any Performance created by or for you through the Site, and the Site’s advertising, without restriction and without compensation of any kind to You, and You waive all moral rights in all such Content.
You represent and warrant that You own or otherwise control all the rights to any Content that originates from You; that use of the Content You provide does not violate the intellectual property rights or any other rights of any third parties, and that use of the Content You provide will not cause injury to any person or entity. In line with, and without limiting, the foregoing, You specifically agree that You will not:
(a) provide any Content that is unlawful (according to local, state, federal or international law) or any Content that advocates illegal activity;
(b) provide any Content that is defamatory, false or libelous, or that contains unlawful, harmful, threatening, harassing, discriminatory, abusive, profane, pornographic or obscene material;
(c) provide any Content that You do not have a right to provide under law or under a contractual or fiduciary relationship;
(d) provide any Content that contains software viruses or other harmful devices; or
(e) impersonate any other person or entity or forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content You provide.
You acknowledge, consent and agree that ToastBoastRoast LLC may disseminate any Content You submit to third parties if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to Your requests for customer service; or (e) protect the rights, property, or personal safety of ToastBoastRoast LLC, its affiliates, its personnel, other users and the public.
ToastBoastRoast LLC does not guarantee the accuracy, integrity or quality of any Content. You understand that by using the Site, You may be exposed to Content that is inaccurate, offensive, indecent or objectionable. Under no circumstances will ToastBoastRoast LLC be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Site and/or associated Services.
The opinions expressed in Content and on this Site are not necessarily those of ToastBoastRoast LLC or its content providers, advertisers, sponsors, customers, affiliates or related entities. ToastBoastRoast LLC makes no representations or warranties regarding any information or opinions posted to or otherwise included on or transmitted through the Site. ToastBoastRoast LLC does not represent or guarantee the truthfulness, accuracy, or reliability of any Content or determine whether the Content violates the rights of others. You acknowledge that any reliance on material posted, submitted, or otherwise made available through the Site by others will be at Your own risk.
You acknowledge that ToastBoastRoast LLC is not obligated to pre-screen, regularly review, monitor, delete or edit the Content of the Site. However, ToastBoastRoast LLC reserves the right to do so at any time at its sole discretion, either itself or through its designees, for any reason or no reason, and to edit or delete any posting or submission with or without notice. Without limiting the foregoing, You agree that ToastBoastRoast LLC and its designees have the right to edit, remove, or delete any Content that violates these Terms or that ToastBoastRoast LLC otherwise finds objectionable. ToastBoastRoast LLC is not responsible or liable for damages of any kind arising from any Content, or from ToastBoastRoast LLC’s alteration or deletion of any Content, even when ToastBoastRoast LLC is advised of the possibility of such damages.
CUSTOMER SERVICES AND OBLIGATIONS
You will be considered a “Customer” of ToastBoastRoast LLC if you complete the online ordering process, submit the designated payment, and if We accept your order request. Upon receipt and acceptance of your order, an independent third-party Artist will compose an original Performance based on the Content and order specifications (such as length, style, and content preference) you’ve provided to Us. We and the Artist reserve the right to decline any order or to not honor specific content or order requests that would violate these Terms. We will then deliver to You a digital copy of the Performance in the agreed-upon format.
Upon delivery of the Performance, We grant to You a perpetual, worldwide, royalty free, nonexclusive license to the Performance for your personal use only. You shall have no right to copy, sell, lease, publicly perform, license, distribute, or otherwise grant rights in and to the Performance to others. No ownership rights in or to the Performance will be transferred, assigned, or sold to You unless otherwise agreed upon in writing.
Original rights to all produced materials remain the sole possession of ToastBoastRoastLLC. Once produced for Customer use, ToastBoastRoastLLC retains the original copy of every Performance for use in marketing, promotion, public relations, sales and any other re-use, either in totality or in edited portions as deemed necessary by ToastBoastRoast LLC. When competed, all Performances will be either, at the request of the Customer, be transferred for digital download via “WeTransfer” or another service as selected by ToastBoastRoast LLC or sent via standard mail on a thumb drive. The digital transfer is included with the price of purchase, while the thumb drive delivery is an additional charge for the physical thumb drive, preparation, production, handling and delivery service. Customers have 7 days to download their Performance, and after 7 days the file transfer will expire. At that time the Performance will be removed from our storage files and deleted. ToastBoastRoast LLC retains the right to delete any and all files at our sole discretion 7 (seven) days after delivery to Customer.
ARTIST SERVICES AND OBLIGATIONS
By submitting an application to become an Artist, you agree to these Terms and you represent and warrant that you fulfill the Artist requirements listed on the application page. If selected to become a ToastBoastRoast LLC Artist, and upon execution of the “Work for Hire” Agreement, you will be granted access to potential Performance orders. Upon accepting a Performance order, you agree to compose an original Performance consisting of both content and information that conforms with the details and Content in the order and by the stated deadline. Upon submission of a Performance in accordance with these Terms and the order, We will remit payment to You in the agreed-upon amount via the agreed-upon platform. The sole compensation for composing a Performance will be the amount stated in the order proposal and acceptance. No additional compensation, including royalties, shall be to due to You. Failure to deliver the completed Performance by the deadline or to comply with the details and Content in the order will negate any requirement for payment from Us to You and We reserve the right to withdraw an order from any Artist at any time and for any reason or no reason. You or We may terminate your role as an Artist at any time.
Upon submission of a Performance in response to an order, you hereby grant to Us a perpetual, nonexclusive, royalty-free, worldwide right and license to sublicense the Performance to the Customer, to post the Performance to online platform of Our choice, to monetize the Performance via the online platforms, to reproduce the Performance for marketing and promotional purposes only, and to publicly post and perform the Performance to promote You and ToastBoastRoast LLC.
By becoming an Artist, you hereby grant to Us the right to use your name, likeness, and biographical information to promote ToastBoastRoast LLC and your actions as an Artist for so long as you remain an Artist. If you cease acting as an Artist, all licenses to Performances shall remain in effect and ToastBoastRoast LLC shall retain the right to display your name in connection with Performances you composed.
DISCLAIMER OF WARRANTIES
THIS SITE, ITS CONTENT, AND ANY ASSOCIATED SERVICES OR MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ToastBoastRoast LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE, OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED WITH THIS SITE OR THE SERVICES PROVIDED THROUGH THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ToastBoastRoast LLC DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OF WORKMANLIKE EFFORT, OF SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF CONTENT, OR OF NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OR TRADE. FURTHER, ToastBoastRoast LLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT THIS SITE AND/OR ITS CONTENTS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.
BY USING THE SITE, YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK. ToastBoastRoast LLC DOES NOT WARRANT OR GUARANTEE THAT ANY COMPONENT OF THE SITE IS FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS. ToastBoastRoast LLC DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED AND ERROR-FREE OPERATION OF THIS SITE, NOR THAT ALL COMMUNICATIONS WILL BE SECURE FROM ACCESS OR INTERFERENCE BY THIRD PARTIES.
ToastBoastRoast LLC IS NOT LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR OTHERWISE RELATED TO YOUR USE OF OR INABILITY TO USE THIS SITE, EVEN IF ToastBoastRoast LLC HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH APPLICABLE LOCAL LAWS CONNECTED WITH YOUR USE OF THE SITE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATION MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to indemnify, defend and hold harmless ToastBoastRoast LLC and its respective agents, affiliates, and their officers, directors, owners, and employees, from and against any claim, demand, damages, cost and expenses, including reasonable attorney fees, arising from or related to Your use of this Site and the Services provided in connection with the Site, or Your breach of any provision of these Terms or any warranty provided hereunder.
OWNERSHIP OF COPYRIGHTS AND TRADEMARKS
All trademarks, logos, and service marks displayed on the Site are owned by ToastBoastRoast LLC and third parties, and the Site’s trade dress is owned by ToastBoastRoast LLC. Excluding any user generated, submitted, or posted Content, which is owned by the Site’s respective users, all copyrightable contents of the Site, including code, materials, artwork, and information provided by or through the Site, is owned by ToastBoastRoast LLC or third parties.
COPYRIGHT INFRINGEMENT CLAIMS
ToastBoastRoast LLC respects the intellectual property rights of third parties, and complies with the terms of the Digital Millennium Copyright Act (DMCA) regarding such rights. ToastBoastRoast LLC reserves the right to remove access to infringing material posted to its Site. Such actions do not affect or modify any other rights ToastBoastRoast LLC may have under law or contract.
If You believe that any portion of the material contained on this Site infringes Your copyright, notify ToastBoastRoast LLC of Your claim in accordance with the following procedure. We will take appropriate action as required by the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512(c)(3).
Written Notification must be submitted to this site’s Designated Agent:
Law Offices of Adam M. Thompson, P.C.
111 John St., Suite 2403
New York, NY 10038
To be effective, the Notification must be in writing and contain the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Upon receipt of the written Notification containing the information outlined above, ToastBoastRoast LLC will:
- Remove or disable access to the material that is alleged to be infringing;
- Forward the written notification to such alleged infringer;
- Take reasonable steps to promptly notify the alleged infringer that it has removed or disabled access to the material.
- A Counter Notification will be effective if in writing, provided to the Designated Agent, and including substantially the following:
- A physical or electronic signature of the alleged infringer;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
- The alleged infringer’s name, address, and telephone number, and a statement that the alleged infringer consents to jurisdiction of Federal District Court for the judicial district in which the address is located or, if outside of the United States, for any judicial district in which ToastBoastRoast LLC may be found, and that the alleged infringer will accept service of process from the person who provided notification or the agent of such person.
Upon receipt of a Counter Notification containing the information outlined above, ToastBoastRoast LLC will:
promptly provide the complaining party with a copy of the Counter Notification; inform the complaining party that it will replace the removed material within ten (10) to fourteen (14) business days following the receipt of the Counter Notification, provided ToastBoastRoast LLC’s Designated Agent has not received notice from the complaining party that an action has been filed seeking a court order to restrain alleged infringer from engaging in infringing activity relating to the material on ToastBoastRoast LLC’s network or system.
This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process.
THIRD PARTY SITES
This Site may link You to other sites on the Internet (“Linked Sites”). The Linked Sites are not under ToastBoastRoast LLC’s control, and ToastBoastRoast LLC is not responsible for the contents of any Linked Sites, including without limitation the accuracy, copyright compliance, legality, or decency of the Linked Sites or any links contained therein. These links are provided for Your convenience, and do not imply an endorsement of the Linked Sites by ToastBoastRoast LLC or any association of its operators.
Each of the sections and paragraphs of these Terms and Conditions operates on its own. If any court of law or relevant authority deems any of them as unlawful or unenforceable, the remaining sections and paragraphs will remain in full force and effect.
These Terms, and any rights and licenses granted hereunder, may not be assigned, transferred, delegated, or sublicensed by You, but may be assigned, transferred, delegated, or sublicensed by Us without restriction.
WAIVER AND FORCE MAJEURE
Failure by Us to enforce these Terms does not constitute a waiver of Our rights under these Terms. In addition, ToastBoastRoast LLC will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations to You if such failure or delay is caused by an event outside of Our control. An event outside of Our control means any act or event beyond Our or the Partners reasonable control such as act(s) of God, wars, terrorist attacks, embargoes, thefts, riots, strikes, lock-outs, trade disputes, fires, floods, earthquakes or other natural disasters, break-down, inclement weather, interruption of transport, Government action or failure of public or private telecommunications or transport networks.
RESOLUTION OF DISPUTES
The laws of the State of Florida, United States, will govern these Terms and any dispute of any sort that may arise between Us. Regardless of where You access this Site, You agree that any action arising out of Your use of the Site must be brought in the state or federal courts serving Palm Beach County, FL, USA, and You hereby irrevocably and unconditionally consent to the exclusive personal jurisdiction of such courts.
REFUND AND REVISION POLICY
Performances from “Toast Boast Roast Comedy” are customized, original works. Every one is individually crafted by the selected performer, and is not “mass produced”. Consider these as personal works of art. As every Performance is custom made to-order and cannot be reused by another customer, we cannot offer refunds.
If you would like to cancel your order, you may do so within 24 hours of placing the order, minus a 35% service and processing fee.
Comedy is highly subjective, which is why we urge you to peruse our entire roster and carefully select your Performer. If we do not deliver the below, and you let us know within 24 hours of the Performance delivery, we will fix the issue at no charge. Our decision on the resolution is final.
- Good quality video and audio recording
- Performance meets the ordered length
- Performance includes accurate elements of the Questionnaire
If the revision involves changes that are based on individual taste/preference and include any changes from the information provided in the Questionnaire, there will be an additional charge, depending on the extent, to compensate our artist for their time.
If you have any questions regarding these Terms, please contact Us.