These Terms of Service (“Terms”) contain the terms and conditions that you agree to when you use the www.Theatreteachers.com website. These Terms of Service apply to all users of the Theatreteachers.com.
1. Operator
This Service is operated by Broadway Works Inc. (“BW Inc”) a company incorporated under the laws of the state of New York whose principal business address is 12 West 72nd Street, suite 8E, New York NY 10023.
2. Purpose of Service
The purpose of Theatreteachers.com is to provide a unique forum for the sharing of ideas and information between theater educators in order to promote, improve and facilitate theater education. This site is intended for educational purposes only.
3. Privacy
Your privacy is very important to us. Please review Theatreteachers.com’s Privacy Policy, the terms of which are incorporated into, and considered part of, these Terms.
4. Availability
Theatreteachers.com will use reasonable means to ensure that Theatreteachers.com and its features (the “Service”) are available 24 hours a day 7 days a week. There will be occasions, however, when the Service will be interrupted for maintenance, upgrades or repairs or failures of telecommunications links or equipment beyond the control of Theatreteachers.com. You agree that Theatreteachers.com shall not be liable to you for any suspension, discontinuation or change of Service. You are responsible for creating backups of any content you post to the Theatreteachers.com.
5. Theatreteachers.com Users and User Accounts
1. In order to post and access User Submissions (defined below) to Theatreteachers.com you will have to create a User Account. When creating your account, you must provide accurate and complete information. You must keep your contact information accurate and up-to-date. You may not use another’s account without permission. You are solely responsible for all activity that occurs on your account, and must notify Theatreteachers.com immediately of any breach or unauthorized use of your account.
2. You agree that you will not (1) post unauthorized commercial communications; (2) collect users’ information or otherwise access Theatreteachers.com without our permission; (3) upload viruses or other malicious code to Theatreteachers.com; (4) spam the user forums; (5) solicit login information or access an account belonging to somebody else; (6) use Theatreteachers.com for any unlawful, inappropriate or unauthorized purpose.
3. You affirm that you will follow all instructions contained on the Theatreteachers.com site regarding User Submissions, including length and content restrictions.
4. You affirm that you are more than 18 years of age, or that you are between the ages of 13 and 18, and have obtained permission from a parent or guardian before using the Theatreteachers.com site. You affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms.
6. User Submissions
1. As a Theatreteachers.com Account holder you may submit video, photo, audio and textual content (including profile information, theater games, lesson plans and contributions to the production resources, script ideas, and idea exchanges forums (“User Comments”), collectively “User Submissions”. You shall be solely responsible for these User Submissions and the consequences of posting or publishing them. Theatreteachers.com does not guarantee confidentiality with respect to User Submissions.
2. In connection with User Submissions you affirm, represent and warrant that you own or have obtained the necessary rights, licenses, consents or permissions to use the content you have submitted in the manner contemplated by Theatreteachers.com and these Terms. You agree that you will not submit material that is protected or otherwise subject to third party intellectual property or other proprietary rights, including privacy and publicity rights, unless you own such rights or have obtained the necessary permission to post the material and to grant Theatreteachers.com the license rights granted herein.
3. In connection with User Submissions, you further agree that you will not submit material that is libelous, defamatory, obscene, indecent, pornographic, hateful, contains false information or which in any way violates these Terms. Although Theatreteachers.com is in no way responsible for any User Submissions, Theatreteachers.com reserves that right to edit or remove any User Submission that it, at its sole discretion, deems to violate these Terms.
4. You shall remain solely responsible and accountable for the content of your submissions.
5. Any single serious violation or repeated minor violations of these Terms or any terms contained on Theatreteachers.com, as determined by Theatreteachers.com in its sole discretion, may result in the temporary blocking or termination of your Theatreteachers.com Account without prior notification.
6. You retain all of your ownership rights in your User Submissions. By posting your User Submissions to Theatreteachers.com, however, you hereby grant Theatreteachers.com a worldwide, non-exclusive, royalty-free sublicense and transferable license to use, reproduce, distribute, prepare derivative works of, display and perform your submissions in connection with Theatreteachers.com and Theatreteachers.com’s successors and affiliates business, including without limitation for promoting Theatreteachers.com or part or all of the Theatreteachers.com. You also hereby grant each user of the Theatreteachers.com a non-exclusive license to access your User Submissions through the Theatreteachers.com site and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under the Terms. You understand and agree that Theatreteachers.com may retain server copies of User Submissions that have been removed or deleted.
7. Reporting Copyright Violations
If you are a copyright owner or agent thereof and believe that any User Submission or other content infringes your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”). Please see 17 U.S.C. §512 for a listing of the DMCA notification and counter-notice elements and procedures. Notifications should be sent to Theatreteachers.com’s designated agent to receive notifications of claimed infringement: c/o Broadway Works Inc. 12 West 72nd Street #8E, New York, NY, 10023 or Gordon@broadwayteachersworkshop.com.
8. Theatreteachers.com
1. Unless otherwise stated, all content on Theatreteachers.com, with the exception of User Submissions, including but not limited to the software, scripts, text, images, sound, video and interactive features, are owned or licensed to Theatreteachers.com, and are subject to copyright and other intellectual property rights. Content on Theatreteachers.com is provided to you as is, for your information and non-commercial, personal use only and may not be downloaded, altered, modified, copied, reproduced, sold, licensed, transmitted, broadcast, displayed or otherwise exploited for any other purposes without the prior written consent of Theatreteachers.com and its relevant licensors.
2. All company, brand, product and service names used on Theatreteachers.com which identify Theatreteachers.com or third parties and their products and services are proprietary marks of Theatreteachers.com and/or relevant third parties. Nothing in these Terms shall be deemed to confer on any person any license or right to any such image, logo or name.
3. You may access User Submissions solely for your information and personal, non-commercial use, as intended through Theatreteachers.com. User Submissions are made available “as is”, and may not be used, copied, reproduced, downloaded, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited in any manner not expressly granted under the Terms.
4. You agree and acknowledge that when using Theatreteachers.com you will be exposed to User Submissions, and that Theatreteachers.com is not responsible for the accuracy, helpfulness, safety or intellectual property rights of or relating to the User Submissions. You further agree and acknowledge that you may be exposed to User Submissions that are offensive, indecent, libelous, defamatory or otherwise objectionable, and you agree to waive, and hereby do waive any rights or remedies in law or in equity that you may have against Theatreteacher.com with respect thereto, and agree to indemnify and hold Theatreteachers.com and its licensors and affiliates harmless to the fullest extent allowable by law regarding your use of Theatreteachers.com. Theatreteachers.com does not endorse any User Submission or any opinion, recommendation or advice expressed therein.
5. Theatreteachers.com may contain links to third party websites that are not owned or controlled by Theatreteachers.com. Theatreteachers.com assumes no responsibility for the content, policies or practices of these sites. By using Theatreteachers.com you agree that Theatreteachers.com will not be liable for any claims arising from your use of any third-party websites.
9. Termination
Theatreteachers.com reserves the right to suspend or terminate without notice any User Account for behavior that Theatreteachers.com, in its sole discretion, deems to violate any of these Terms.
10. Disclaimer of Warranty
1. Although Theatreteachers.com does its best to create a safe Website environment, you use the Theatreteachers.com site at your own risk. You hereby release Theatreteachers.com, its directors, officers, employees, agents and affiliates, from any claims and damages, known and unknown, arising from or in any way connected to the use of Theatreteachers.com.
2. We provide the Theatreteachers.com “as is” without any express or implied warranties, including but not limited to, implied warranties or merchantability, fitness for a particular purpose, and non-infringement. Theatreteachers.com is not responsible for the actions or content of third parties, including but not limited to User Submissions. THEATRETEACHERS.COM makes no warranties or representations about the accuracy of Theatreteachers.com’s content, including but not limited to User Submissions and assumes no liability or responsibility for any (1) errors, mistakes or inaccuracies of content; (2) personal injury or property damage of any kind whatsoever resulting from your access to and use of the Theatreteachers.com; (3) any unauthorized access to or use of our servers and or any and all personal and/or financial information stored therein; (4) any interruption or cessation of access to Theatreteachers.com; (5) any bugs, viruses, Trojan Horses, or the like which may be transmitted to or through our website; or (6) loss or damage of any kind incurred as a result of the use or posting of content to Theatreteachers.com.
3. Theatreteachers.com does not warrant, endorse or in any way assume responsibility for any products or services advertised or offered by a third-party through Theatreteachers.com or recommended or referred to in User Submissions.
11. Limitation of Liability
Theatreteachers.com shall in no event be liable for any indirect, incidental, consequential, special or punitive damages arising out of (1) the use or inability to use Theatreteachers.com’s Website; (2) errors, mistakes or inaccuracies of content; (3) personal injury or property damage of any kind whatsoever resulting from access to and use of Theatreteachers.com; (4) any unauthorized access to or use of our servers and or any and all personal and/or financial information stored therein; (5) any interruption or cessation of access to Theatreteachers.com; (6) any bugs, viruses, Trojan Horses, or the like which may be transmitted to or through our website; (7) loss or damage of any kind incurred as a result of the use or posting of content to the Theatreteachers.com; or any transaction conducted through or facilitated by Theatreteachers.com, whether based on warranty, contract, tort or other legal theory. As some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, some of the above limitations may not apply to you. In such jurisdictions Theatreteachers.com’s liability is limited to one hundred ($100) dollars or to the fullest extent permitted by applicable law.
12. Indemnity
You agree to defend, indemnify and hold harmless Theatreteachers.com, its officers, directors, employees, agents and affiliates, from and against any and all claims, damages, obligations, losses, costs, liabilities and expenses (including but not limited to attorney’s fees) arising from (1) your use and access to Theatreteachers.com; (2) your violation of any Terms of service; (3) your violation of any third party rights; (4) or any claim that your User Submission(s) caused damage to a third party.
13. Assignment
These Terms may be assigned by Theatreteachers.com without restriction.
14. Jurisdiction/Governing Law
Any claim or dispute between you and Theatreteachers,com that arises in whole or in part from your use of Theatreteachers.com shall be governed by the internal substantive laws of the State of New York, without respect to conflict of laws principles, and shall be decided exclusively by a court of competent jurisdiction located in New York County, New York.
15. Severability
If any provision of these Terms is deemed invalid by a court of competent jurisdiction the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
16. Waiver
No failure of Theatreteachers.com to assert any right or provision under these Terms shall constitute a waiver of such right or provision.
17. Amendment of Terms
Theatreteachers.com reserves the right to amend these Terms from time to time. Theatreteachers.com will do its best to notify customers of any material changes to these terms.
18. Entire Agreement
This Statement of Terms makes up the entire agreement between the parties. Any amendment to or waiver of these Terms must be made in writing and signed by Theatreteachers.com.