Terms & Conditions

Terms of Use

The following sets forth the terms of use (“Terms of Use”) regarding your use of this website, jimgaffigan.com, (the “Site”). The Site offers digitized versions of Jim Gaffigan’s performances (the "Program") under certain terms and conditions as set forth in this Agreement. The Site allows you to access and view the Program in two different ways: by streaming a copy, or by downloading a copy.

These Terms of Use are a legal agreement between you and the Site, and by using and/or accessing the Site, you are expressly agreeing to abide by the following terms:

Personal use/License to Digital Content. The Site is being presented for your personal, non-commercial use. Subject to your payment of any applicable fees (including applicable taxes) to purchase or otherwise obtain access to the Program and your compliance with all other terms we specify for the Program or the Site, Chimichanga Productions, Inc. (“we” or “us”) grants you a non- exclusive non-transferable, non-sublicensable, limited right and license to access the Site, and to download the Program from the Site onto your personal computer, for your personal, Non-Commercial, Private Use only. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion. As used herein, "Non-Commercial, Private Use" means a presentation of the Program for which no fee or consideration of any kind (other than that which you pay to us to view the Program) is charged or received, which takes place in your private home or apartment or, if outside your private home or apartment (e.g., in a hotel room, dorm room, office, or airport waiting lounge) is limited to a private viewing for you and your invitees. Non-Commercial, Private Use specifically excludes any public presentation (e.g., a presentation in a dorm lounge) and any presentation by a place of public accommodation or other commercial establishment (e.g., a bar or restaurant), even if no fee is charged for viewing the Program.

Viewing Policy

Ways to Watch: When you purchase the Program, we'll make it available to you to stream and to download as follows:

  • Streaming: You may stream purchased videos online through your web browser and through compatible Internet- connected TVs, Blu-ray players, and set-top boxes.
  • Downloading: You may download the Program to compatible download devices. After downloading a purchased video, you retain the ability to stream that video as described above.

Viewing Period: Indefinite -- you may watch and re- watch your purchased videos as often as you want and as long as you want.

 

We reserve the right to make changes to this Viewing Policy at any time.

If you plan to download the Program, we encourage you to do so promptly after your purchase. Once you purchase the Program and we make the Program available to you, you are responsible for completing the download, if you choose to download, and for all risk of loss of the Program after download.

When you stream the Program, the resolution and quality of the Program you receive will depend on a number of factors, including the type of device on which you are streaming the Program and your bandwidth, which may go up and down over the course of your viewing. If we detect the Program we are streaming to you may be interrupted or may otherwise not play properly due to bandwidth constraints or other factors, we may decrease the resolution and file size of the Program we stream to you in an effort to provide an uninterrupted viewing experience. While we strive to provide you a high quality viewing experience, we make no guarantee as to the resolution or quality of the Program you will receive when streaming.

General Restrictions. You may not transfer, copy or display the Program, except as permitted in this Agreement. In addition, you may not:
i. sell, rent, lease, distribute, broadcast, sublicense or otherwise assign any right to the Program to any third party;
ii. remove any proprietary notices or labels on the Program;
iii. use the Site or Program for any commercial or illegal purpose.

Accuracy. We cannot and do not guarantee or warrant the accuracy of any information found on the Site. Although we have attempted to make such information accurate at the time it was posted, any action taken or not taken by you as the result of reviewing information on the Site is solely at your risk.

Links. We have provided links to outside web sites for your convenience. We do not review, and assume no responsibility to review, the content of the sites to which links are provided, and make no representation or warranty as to their content, accuracy or reliability. We are not a proprietor or an agent of any such linked web sites. We have not authorized any other party, including the proprietor(s) of any linked web sites, to act as our agents or bind us in any way. We are providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by us of any linked site and/or any of its content therein.

Viruses. We attempt to keep the Site virus free. However, due to the nature of the Internet, we assume no responsibility and shall not be liable for any damages due to, or as a result of, viruses, worms, Trojan Horses or other computer programs or applications that may infect your computer or other property as a result of your accessing of the Site.

Communications with Us. Any communication or material that you send to us by electronic mail or otherwise is, and will be treated as, non-confidential and non-proprietary. You hereby consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Minors’ Use of the Site. If you are under the age of 18 years old, you must get your parent's permission to use this Site, and prior to sharing personal information on the Site.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

WE DO NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; ITS SERVERS; OR E-MAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

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 LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Indemnity. You agree to indemnify, hold harmless and defend us and our affiliates, parent companies, subsidiaries, officers, directors, employees, agents and network service providers, at your expense, against any and all damages, claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys’ fees and other dispute resolution expenses) incurred by us arising out of or relating to your: (a) violation or breach of any term of these Terms of Use, the Privacy Statement, Anti-Spam Policy or any applicable law, regulation, policy or guideline, whether or not referenced herein; or (b) violation of any rights of any third party.

Disputes. You agree that any dispute regarding this agreement and any use of the Site must be brought in a court of competent jurisdiction in New York County, New York, and by using and accessing the Site you hereby consent to venue and jurisdiction in the State of New York for any disputes arising from your use of the Site.

Other Policies. Please review the other policies and guidelines (“Policies”), such as the Privacy Statement, posted on the Site. Those Policies, along with these Terms of Use, govern your visit to, and use of, the Site. We reserve the right to make changes to the Site, the Policies, or these Terms of Use, at any time. If any of these conditions or provisions is deemed invalid, void, or for any reason unenforceable, that condition or provision shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Entire Agreement. This agreement, together with the Policies posted on the Site, which are incorporated by this reference, represents the entire agreement regarding your use of the Site.

Changes to this Agreement. You may not alter the terms and conditions of this agreement without our express written consent. Any attempt by you to do so is hereby rejected as void.

We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

All purchases of the Program are final. We do not accept returns of the Program.

Privacy Statement

Chimichanga Productions Inc. (“we” or “us”) operates the Site. We have created this privacy statement (the “Privacy Statement”) in order to demonstrate our firm commitment to maintaining the privacy of your personal information. The following sets forth the information gathering and dissemination practices for the Site. By accessing the Site, you consent to the collection and use of your personal information as set forth in this Privacy Statement.

Types of Information Gathered.

  • Information You Give Us: We receive and may store any information you enter on the Site or give us in any other way, including via email communications. If you choose to register with us, we require you to provide your email address. You will also be required to select a user ID and password. In addition, you will be asked to provide credit card and billing information for the purchase of products and services. You can choose not to provide certain information, but then you might not be able to take advantage of certain features of the Site. We use the information that you provide for such purposes as responding to your requests, customizing your future use of the Site, improving the Site, and communicating with you.
  • Automatic Information: We receive and may store certain types of information whenever you interact with the Site. When you visit the Site, we log standard information, such as your IP address. In addition, like many Web sites, the Site uses "cookies," and we obtain certain types of information when your Web browser accesses the Site.

How Your Information is Secured by Us. We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts sensitive personal information you input (such as email addresses and credit card numbers). We will restrict our employees’ access to databases containing personal information and will impose confidentiality requirements on those employees that do so. It is important for you to protect against unauthorized access to your password and your computer. Be sure to sign off when finished using a shared computer.

Note to International Users.
The Site is hosted in the United States and is intended for and directed to users in the United States. If you are a user accessing the Site from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please be advised that through your continued use of the Site, which is governed by U.S. law, this Privacy Statement, and the Terms of Use of the Site, you are transferring your personal information to the United States and you consent to that transfer.

Children's Use of the Site.
We care about children and understand that they have special privacy needs. Therefore, we have adopted the following privacy policies regarding children under the age of 13 (“Minors”):

We will not knowingly collect, use, or distribute to third parties personally identifiable information from Minors without prior verifiable parental consent.

We will not knowingly use any personally identifiable information submitted by a Minor for any reason unless parental consent is obtained. In the event that we learn that we have collected personally identifiable information from a Minor without verification of parental consent, we will delete that information as quickly as possible. If you believe that we may have collected personally identifiable information from or about a Minor without parental consent, please contact us as support@jimgaffigan.com.

If you are under the age of 18 years old, you must get your parent's permission to use this Site and prior to sharing personal information online, whether on the Site or any other web site.

Changes and Updates.
This Privacy Statement may change from time to time. If we make any substantive changes to our policies, we will notify registered users by posting bulletins on the Site or by email at the address provided by such registered users. Your use of the Site after such changes constitutes your agreement with regard to information collected from you in the past and the future.

Contacting the Site.
If you have any questions about this privacy statement, the practices of the Site, or your dealings with this Web site, you can contact us at support@jimgaffigan.com, or at Brillstein Entertainment Partners, 9150 Wilshire Boulevard Suite 350, Beverly Hills CA 90212.

 


Spam Policy

Chimichanga Productions, Inc. (“we” or “us”) is committed to permission-based email marketing practices, and therefore has established this no-tolerance anti-spam policy. We may update this policy and provide notice of any changes on our home page. Your use of this website (the “Site”) constitutes your acceptance of the terms and conditions of our Anti- Spam Policy.

Spam is commercial email or unsolicited bulk email, including junk mail, which has not been requested by the recipient. Spam is not an accepted promotion technique and we do not condone or engage in Spam. Users of the Site agree to comply with this Anti-Spam Policy. We reserve the right to determine in our sole discretion what constitutes Spam.

The following is a non-exhaustive list of examples of spamming that may violate the Site’s Terms of Use and/or this Spam Policy:

  • Manipulating identifiers, such as email headers, to disguise the origin of any email.
  • Relaying email from a third party's mail servers without the permission of that third party.
  • Using or causing to be used the Site to facilitate the transmission of unsolicited or unauthorized material. This includes any promotional materials, URLs, "junk mail," "chain letters," "pyramid schemes," or any other form of unauthorized solicitation that you may upload, post, email, transmit, or otherwise make available.
  • Using "robots" or otherwise harvesting users’ email addresses from the Site for purposes of sending unsolicited or unauthorized material.
  • Uploading, posting, emailing, or transmitting the same message, URL, or post multiple times.
  • Disrupting the normal flow of dialogue, or causing the screen to "scroll" faster than other users of the service are able to type, or otherwise acting in a manner that negatively affects other users' ability to engage in real-time exchanges.

Any users found to be using our programs, products or services, or information gathered or obtained from the Site, to engage in Spam may, at our discretion, be immediately blocked from future access to the Site. We will take any steps we deem necessary to prevent us from being involved in Spam, and we will pursue all available legal remedies against any person(s) or organization(s) that use our programs, products or services, or information gathered or obtained from the Site, in connection with Spam communications. If damages of any kind are levied against us in connection with any Spam communications disseminated by any users of the Site, we will pursue full legal recourse against the offending user(s) under any and all applicable laws.

We do not authorize the harvesting, mining or collection of e-mail addresses or other information from or through the Site. We do not permit or authorize others to use the Site to collect, compile or obtain any information about our users, customers or subscribers, including, but not limited, to e-mail addresses, which are our confidential and proprietary information.

 

If we believe that unauthorized or improper use is being made of the Site, we may, without notice, take such action as we, in our sole discretion, deem appropriate, including blocking messages from a particular internet domain, mail server or IP address. We may immediately terminate any account on the Site which we determine, in our sole discretion, is transmitting or is otherwise connected with any e-mail or posting that violates this policy. Nothing in this policy is intended to grant any right to transmit email to or through the Site.

 

Failure to enforce this policy in every instance does not amount to a waiver of our rights.

If you believe that you have received Spam connected to us in any way, please notify us by sending us an email, including a copy of the unsolicited Spam communication, at support@jimgaffigan.com. You may also provide any other information that you believe may help us investigate the matter. We do not investigate or take any action based on anonymous Spam complaints.

Individuals who sign up on the Site for programs, products or for any other reason, and provide their email addresses, give us permission to send them information concerning our programs, products and services to said email addresses. In order to protect your privacy, we do not sell, share or trade our subscriber list or users’ personal information with anyone for any reason, and users may unsubscribe from future email notifications from us at any time.

 

Copyright Policy

Chimichanga Productions, Inc. (“we” or “us”) holds the exclusive copyright to the contents of, and all material available on, this Web site (the “Site”), and all such contents and materials are our exclusive property, unless otherwise explicitly indicated.

All rights are reserved by us, and the contents of, and material available on, the Site may not be reproduced, disseminated, published or transferred in any form or by any means, except with our prior written permission.

Copyright infringement is a violation of state and federal law subject to criminal and civil penalties.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the written information specified below. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed.

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the site, including the URL, if applicable;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • 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.

Our Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:

Brillstein Entertainment Partners, 9150 Wilshire Boulevard Suite 350, Beverly Hills CA 90212

support@jimgaffigan.com