Terms and Conditions:

These Terms and Conditions of Use (the "Terms of Use") apply to the StandUpShop web site located at www.StandUpShop.com, and all associated sites linked to www.StandUpShop.com by StandUpShop, its subsidiaries and affiliates (collectively, the "Site"). The Site is the property of StandUpShop LLC ("StandUpShop") and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

Although we have attempted to outline below in straightforward English the terms on which submissions to StandUpShop.com ("StandUpShop") will be accepted, please be aware that these terms if accepted by you create a binding legal agreement between you and StandUpShop, which significantly affects your rights. We strongly urge that before accepting these terms you print out a copy and review it with your attorney, manager and other representatives and if you have no such representatives that you seek other independent qualified guidance.

Terms of Use:

StandUpShop reserves the right, at its 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. If changes to these Terms of Use are to be made, It is likely that StandUpShop will notify its customers and subscribers via email, however, this does not hold StandUpShop legally responsible to do so. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.

Service:

StandUpShop provides transaction processing via credit cards and other payment methods for the sale of comedy and any comedy-related merchandise eg, CDs, DVDs, T-Shirts, Caps, etc. In addition, StandUpShop Provides customer service for buyers, fulfillment, technical support and a variety of other services designed to provide state-of-the-art eCommerce for merchandise sales.

Merchant Fees:

The StandUpShop store includes a user home page (or profile) which displays all your products for sale as well as including your products into the StandUpShop store. You may purchase a membership to the store for a specific time period, during which you may sell as many products as you wish. Your products remain in the store for as long as your membership is active and StandUpShop has inventory of your products. StandUpShop reserves the right to refuse any item from being included in the StandUpShop store for any reason, including offensive material, and incomplete or inaccurate product registration forms. Click here for club fees. Click here for comedian fees. For each item sold, StandUpShop charges a fee of 20% (mininum of $4) for each item you sell. When you enter your product into the store, you specifiy the amount you wish to collect for the item. StandUpShop then adds the fees to determine the selling price of the item in the StandUpShop store.

Inventory:

It is the responsibility of the Merchant to provide adequate quantity of their products to meet demand. StandUpShop will attempt to notify the Merchant account holder by email when a sale is made or when inventory is critically low. However, with or without notice, delays in product delivery to the customer due to lack of inventory remains the sole responsibility of the Merchant. To start 5-6 of each item is sufficient. StandUpShop is not responsible for inventory that is lost or damaged in transit from merchant, in transit to buyer or in our possession. Items for inventory should be shipped to our warehouse: StandUpShop Store, 8757 Promised Land Ave, Las Vegas, NV 89148. Items should be shipped only after completing the on-line registration form, and must include a completed Shipping Form. Please pack your shipment carefully to prevent breakage of jewel cases.

Order Fulfillment:

StandUpShop will perform order fulfillment. When an item is successfully purchased, you will receive an email confirmation of the purchase. Standard Postage and Handling rates apply. StandUpShop retains Postage and Handling charges. They have no net effect on your monthly settlement. You are paid based on your total sales. We prepare a receipt/packing list for each order and generally ship within 24 hours provided inventory is on-hand.

Payment:

StandUpShop will pay out all monies due to Merchants on a monthly basis. Payments will be calculated on all orders, where payment has been received, less credit card fees, less chargeback, less StandUpShop fees, on the 1st of each month. Payments will be made to the Merchants for monies closed no later then 5 business days later. NOTE: In order to receive payment a merchant must have a minimum of $25 due out. For accounts with less then $25 due in a pay period the amount due out will accrue to the next period until the $25 threshold is reached.

Chargebacks:

StandUpShop aggressively monitors, in real time, for orders placed with stolen credit cards and other means of fraud. In the event of a chargeback due to fraud or some other buyer dispute, the amounts charged back by the credit card companies will be deducted from the respective user account against their next settlement. StandUpShop will provide all documentation to protest the chargeback to the credit card companies, but sometimes we lose and are charged for the fraudulent or disputed amounts. It is the merchant's responsibility in these rare cases which may cause a deduction against sales and/or loss of shipped merchandise.

Termination of Service:

Service and relationship with StandUpShop.com can be terminated with 30 days written notice by either party. StandUpShop will remove any of your Materials from our site and database within a business reasonable period of time, upon receipt of your written request for such removal. StandUpShop will not be responsible for any copies of your Materials that may have been disseminated before we actually remove your recordings from our system. At your request, the COD shipment of your remaining inventory will occur within 30 days of the termination of service. StandUpShop reserves the right to inactivate any merchant account due to bad email address, inappropriate content, failure to complete product registration forms, failure to provide inventory, or other reasons which prevent the buyer from being serviced in a timely and satisfactory manner.

Privacy Policy:

Click here for StandUpShop Privacy Policy.

Artist Warranty:

You represent and warrant that (a) the Merchandise is your or your own original work, and contains no sampled material, (b) you have full right and power to enter into and perform this agreement, and have secured all third party consents necessary to enter into this agreement, (c) the Material does not and will not infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy, or moral rights (d) the Material does not and will not violate any law, statute, ordinance or regulation; (e) the Material is not and will not be defamatory or trade libelous, (f) the Material does not contain any "viruses" or other information which may damage or otherwise interfere with StandUpShop computer systems or data or that of our customers (g) all factual assertions that you have made and will make to us are true and complete, and (h) if you or any member of your group is a minor, you hereby warrant that you have the legal right to execute this Agreement on behalf of the minor artist and guarantee such person's performance of the terms of this Agreement. You shall be responsible for all licensing, reporting and payment obligations of any kind to third parties in connection with the Comedy Merchandise, including but not limited to any applicable union and/or guild payments, "sample" or "replay" licenses or payments, and mechanical, synchronization or public performance royalties. You agree to indemnify and hold us and our merchandise buyers harmless from any and all damages and costs, including reasonable attorney's fees, arising out of or related to your breach of the representations and warranties described in this section. You agree to execute and deliver documents to us, upon our reasonable request, that evidence or effectuate our rights under this agreement. These warranties shall survive any termination of this agreement.

Use of Audio for Promotion of Sales:

You hereby grant to StandUpShop permission, on a non-exclusive basis, throughout the universe (that means everywhere) to (a) use your name(s), group name, approved photograph and/or likeness(es) and biographical materials solely in connection with the distribution, exploitation, promotion, marketing and advertising of the Comedy Merchandise, and StandUpShop.com site. You also agree not to assert any privacy, publicity, moral or similar rights held by you (and any other person(s) whose performances are embodied in the Comedy Merchandise) under the laws of the United States and any other country in connection with the exloitation of such materials. (b) to prepare and encode artist audio, or any portion thereof (including sound clips), for digital transmission, and the making of digital phonorecord deliveries, in any format (e.g. Real Audio, mp3, etc.), and by any means, now known or hereafter devised, (c) to display, copy, reproduce, exhibit, publicly perform, broadcast, rebroadcast, transmit, retransmit, distribute through any electronic means (including analog and digital), including digital streaming transmission and digital phonorecord delivery, electronically publish and synchronize with visual images any or all of the comic's material, including any portion thereof, and to include them in compilations for such promotional purposes, by any and all means and media now known or hereafter devised for the purpose of sales and promotion.

Ownership:

You shall at all times retain all right, title and interest in and to your Comedy Merchandise provided by you hereunder, including, without limitation, the copyrights therein and thereto.

Disclaimer:

You acknowledge that the operation of our site may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and StandUpShop shall not be responsible to you or others for any such interruptions, errors or problems or an outright discontinuance of the StandUpShop service. Unless otherwise stated in a separate Terms and Conditions Agreement describing a Service provided by StandUpShop, there are no general assurances whatsoever that any of your Materials shall actually be utilized by StandUpShop or if so utilized continue to be available for any particular time. The StandUpShop site may be discontinued at any time, with or without reason. If for any reason any part of this User Agreement violates any law or would otherwise be void, this User Agreement shall be deemed amended to the minimum amount necessary to make it lawful and enforceable. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND ANY HYPER-LINKED WEB SITES.

THIS AGREEMENT IS GOVERNED BY THE LAWS OF THE UNITED STATE AND THE STATE OF TEXAS WITHOUT REFERENCE TO CONFLICT OF LAWS PRINCIPLES. ANY DISPUTE BETWEEN YOU AND STANDUPSHOP.COM REGARDING THIS AGREEMENT WILL BE SUBJECT TO THE EXCLUSIVE VENUE OF THE STATE AND FEDERAL COURTS IN TARRANT COUNTY IN THE STATE OF TEXAS.

Limitation of Liability:

If you have a dispute with one or more users of the site or with any other website you may access through or as a result of our site, you hereby release StandUpShop (and our licensees, agents and employees) from claims and damages (actual, consequential and punitive) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the site or such disputes. You waive the provisions of any state law limiting or prohibiting a general release. From time to time, the site will need scheduled maintenance and preventative, required and emergency maintenance work. We will have no liability whatsoever for the unavailability of the site, for any loss of data, information or material resulting from service interruptions or otherwise caused by us, any third party acts or any other Web host provider or the Internet infrastructure and network external to the site. IN NO EVENT SHALL STANDUPSHOP BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, REGARDLESS OF WHETHER WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND IN NO EVENT SHALL STANDUPSHOP TOTAL CUMULATIVE LIABILITY UNDER THIS USER AGREEMENT EXCEED THE LESSER OF ANY RELATED TRANSACTION FEES PAID BY YOU TO US OR $1,000.

Copyright Notice:

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of StandUpShop or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of StandUpShop and protected by U.S. and international copyright laws. All software used on this site is the property of StandUpShop or its software suppliers.

Trademark Notice:

StandUpShop and other marks indicated on our site are registered trademarks of StandUpShop, in the United States and other countries. Other StandUpShop graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of StandUpShop, StandUpShop trademarks and trade dress may not be used in connection with any product or service that is not StandUpShop, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits StandUpShop All other trademarks not owned by StandUpShop or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by StandUpShop.

Links or Pointers to Other Sites:

StandUpShop makes no representations whatsoever about any other Web site that you may access through this site. When you access another site, please understand that it is independent from this site, and that StandUpShop has no control over the content on that Web site or its policies. In addition, a hyperlink to another site does not mean that StandUpShop endorses or accepts any responsibility for the content, use or policies of the linked site or that the policies of that site are consistent with our policies or the terms and conditions of this User Agreement. It is up to you to take precautions to ensure that whatever you select for your use or download are free of such items as viruses, worms, Trojan horses, and other items of a destructive nature.

Contact:

If you are unclear about any of the above stated policies or just have a question for us, please contact us at: legal@StandUpShop.com. This site is owned and operated by StandUpShop.