This Site at dramatistsguild.com is fully controlled and operated by the Dramatists Guild of America (the “Guild”). By accessing and using this Site, you are hereby agreeing to be legally bound by this Agreement. If you do not agree with all of the following Agreement, please do not use this Site. We reserve the right, at our sole discretion, to change, modify, or otherwise alter this Agreement at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. Please review this Agreement periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised Agreement.
ELIGIBILITY FOR USE
We request that you be 13 years of age or older to use this Site or obtain your parent’s or guardian’s permission prior to such use.
YOUR ACCOUNT INFORMATION
It is your responsibility to maintain the confidentiality of your Site account information, and you are responsible for all use of the Site through your account information. You agree to notify us immediately of any unauthorized use of your account or any other actual or suspected breach of Site security.
Your use of the Site will comply fully with all applicable laws, rules and regulations of the Agreement. The following requirements and other provisions of the Agreement will not limit the generality of this requirement:
- if you choose to provide us with information, it will be true and up-to-date;
- you will not impersonate another person while using this Site;
- you will not upload, post, email or otherwise send to us, to the Site or to any other person via the Site, any material that
- contains viruses, bugs, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- infringes on the intellectual property rights or other rights, including privacy or publicity rights, of any person or entity;
- unless you have our written permission, promotes or endorses any company or person, any product or service, or any charitable cause;
- refers to a URL of a website that competes with the Site or that contains, depicts, or promotes illegal content, materials, or activities;
- requests personally identifiable information; or
- is abusive, illegal, libelous, defamatory, obscene, threatening, or otherwise unacceptable to us, in our sole discretion.
OWNERSHIP OF INTELLECTUAL PROPERTY
All Site software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, stories, exercises, curriculum, or other copyrightable elements, and the selection and arrangements thereof, and trademarks, service marks, and trade names (the “Material”) are the property of the Guild and/or its subsidiaries, affiliates, assigns, licensors, or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. The Guild hereby grants you a personal, non-exclusive, non-assignable, and non-transferable license to use and display, for noncommercial and personal use only, one copy of any material and/or software that you may download from this Site, including, without limitation, any files, codes, audio or images incorporated in or generated by the software provided that you maintain all copyright and other notices contained in such Material. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Material to any third party (including, without limitation, the display and distribution of the Material via a third party website) without the express prior written consent of the Guild. Use of the Guild and/or its licensors’ Material is only permitted with prior express written permission. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Material. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.
CHATROOM / MESSAGE BOARDS / PROFILES / ET CETERA
To the extent that portions of this Site provide users an opportunity to post and exchange information, ideas, images, and opinions (the “Postings”), please be advised that Postings do not necessarily reflect the views of the Guild. In no event shall the Guild assume or have any responsibility or liability for any Postings or for any claims, damages or losses resulting from their use and/or appearance on this Site. You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all information they contain and that such Postings shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information. You hereby authorize the Guild to use your Postings in whole or in part, on a royalty-free basis, for non-commercial purposes only, throughout the universe in perpetuity in any and all media, now known or hereafter devised, alone, or together or as part of other material of any kind or nature. Without limiting the foregoing, the Guild will have the right to use and change the Postings in any manner that the Guild may determine. Additionally, the Guild may sweep its chatrooms and/or message boards periodically in its sole discretion and reserves the right to refuse to post, edit, or delete messages that violate these rules, as well as revoke the privileges of users who do not comply with such rules. The Guild does not allow Postings that contain:
- private or personal information which might identify a user;
- profanity or obscenities;
- personal attacks on other individuals; or
- slanderous, defamatory, obscene, pornographic, threatening and harassing comments, and/or other information that the Guild deems in its sole discretion to be inappropriate for this Site.
The blogs and message boards may be used for noncommercial purposes only. You may not post any information intended to promote and/or generate revenue for any third party business activity. If you believe that any content on the Site (including, without limitation, Postings) violates any of the terms of this Agreement please send us a message about it to us at email@example.com. We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.
DISCLAIMER AND LIMITATION OF LIABILITY
THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THE GUILD IS NOT RESPONSIBLE OR LIABLE FOR ANY INFECTIONS OR CONTAMINATION OF YOUR SYSTEM, OR DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THIS SITE OR WITH RESPECT TO THE INFORMATION AND MATERIAL CONTAINED ON THIS SITE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF ANY MATERIAL RESTS WITH YOU. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE GUILD, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY THE GUILD OR ANY THIRD PARTY.
NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL THE GUILD’S LIABILITY TO YOU FOR ANY AND ALL CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
THIRD PARTY HYPERLINKS
The appearance of external hyperlinks generated by third parties does not constitute endorsement by the Guild, its subsidiaries, affiliates, assigns or licensors of the opinions or views expressed by these third party websites and the Guild does not verify, endorse, or take responsibility for the accuracy, currency, completeness, or quality of the content contained at these sites. Furthermore, the Guild is not responsible for the quality or delivery of the products or services offered, accessed, obtained by, or advertised at such sites. As such, neither the Guild nor its subsidiaries, affiliates, assigns, or licensors will be responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. Finally, the Guild will under no circumstances be liable for any direct, indirect, incidental, or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution, or exploitation of any information or content contained within these third-party hyperlinked sites.
ADS AND MALWARE
We take great care and pride in creating this Site. We are always on the lookout for technical glitches that effect how the Site works. When we find them on our end, we will fix them. Unfortunately, your home computer may cause some glitches that effect how you see our Site–and that is beyond our control.
If you experience any unusual behavior, content, or ads on the Site, it may be the result of Malware on your computer. Malware—short for MALicious softWARE—is a term used to broadly classify a form of software which is installed in a computer system with malicious intentions, usually without the owner’s knowledge or permission. Malware includes computer viruses, key loggers, malicious active content, rogue programs and dialers, and more. While we continuously work closely with our partners to ensure that everything on the Site is working properly, sometimes Malware programs on your personal computer may interfere with your experience on our Site and on other sites that you visit.
Please note that we cannot be responsible for the effects of any third-party software including Malware on your computer system. Please make sure to carefully read the Help or Customer Support areas of any software download site. If you do discover any Malware on your system, we also suggest you speak with a qualified computer technician.
If, after taking the above actions, you are still experiencing any problems, please feel free to contact us at firstname.lastname@example.org.
You agree to indemnify, defend, and hold harmless the Guild, its subsidiaries, affiliates, assigns, and licensors, and their respective officers, directors, employees, agents, licensors, representatives, and third-party providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement by you. The Guild reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with the Guild in asserting any available defenses.
APPLICABLE LAW, VENUE, JURISDICTION
This Agreement and the relationship between you and the Guild shall be governed by the laws of the State of New York without regard to its conflict of law provisions. For any dispute arising under this Agreement, you agree to submit to the personal and exclusive jurisdiction of the federal and state courts located in the State and County of New York. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The Guild operates and controls this Site from its offices at 1501 Broadway, Suite 701, New York, NY 10036, United States of America. No software from this Site may be downloaded, exported or re-exported in violation of any law including, without limitation, to countries that are subject to U.S. export restrictions.
The Guild respects the intellectual property of others, and we ask users of our Site to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, subscribers or account holders who are deemed to be repeat infringers. We may also at our sole discretion limit access to our Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
This Agreement was last updated on October 17, 2013.