By using any Service and/or Content provided by or through the “Scriptertainment App”, you accept and agree to be legally bound by and comply with all of the following terms and conditions (collectively, “TOS”):
As used herein, the term "Service" or "Services" means a collection of resources provided by or through Scriptertainment App to its registered and non-registered users; the term "Content" means any and all information, data, material, text, images, video, audio, and software provided by or through Scriptertainment App; and the term "User" or "Users" means any person who accesses or uses any Service or Content. Registered Users can create and upload Content (as defined by Section 6 below), search, share, select favorites, rate, comment and read other people’s Content. Non-registered Users can search or browse topics, profiles and other people’s Content of interest.
You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this agreement.
If you do not agree to any provision of this TOS, please do not access or use any Service or Content. Scriptertainment App reserves the right, at its sole discretion, to update or revise this TOS. Please check this TOS regularly. Your continued use of any Content or Service following the posting of any changes to this TOS constitutes your acceptance of such changes.
Any violation of this TOS may result in civil or criminal liability, and Scriptertainment App may, in addition to any remedy that it may have at law or in equity, immediately terminate permission for any User or, if necessary, for all Users to use the Service. Scriptertainment App reserves the right to delete or move any piece of Content, material, information, messages or communications that, in Scriptertainment App's sole discretion, it find objectionable, may be illegal, or that may subject Scriptertainment App to liability or that may violate this TOS.
Scriptertainment App may investigate any suspected or alleged violation of this TOS and cooperate with the law, law enforcement authorities and/or third parties in such investigation.
2. Prohibited Use: Scriptertainment App does not permit or tolerate any illegal, abusive, harmful or improper use of the Services or any use of the Services that interferes with other Users' enjoyment of the Services. Without limiting the generality of the foregoing, Scriptertainment App specifically prohibits the following activities:
(a) Uploading, storing, posting, linking to, transmitting or soliciting any unlawful, harassing, threatening, abusive, defamatory, libelous, slanderous, scandalous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, pornographic, profane, racist, discriminating or otherwise objectionable or offensive material, information, message or communication;
(b) Uploading, storing, posting, linking to, transmitting or soliciting any material, information, message or communication that would infringe or violate any patent, copyright, trademark, trade secret or other intellectual property right of any person;
(c) Uploading, storing, posting, linking to, transmitting or soliciting any material, information, message or communication that violates, or may give rise to criminal or civil liability under any federal, state, local, national or international law, including, without limitation, the U.S. export control laws and regulations, and the Computer Fraud and Abuse Act;
(d) Uploading, storing, posting, linking to, transmitting or soliciting personal information (including, without limitation, biographical, residential, social, marital, occupational, financial, and health information) about other Users without their knowledge or consent;
(e) Uploading, storing, posting, linking to, transmitting or soliciting personal information about children under the age of 13;
(f) Uploading, posting or linking to anything that seeks to exploit or harm children by exposing them to inappropriate Content, or asking for personally identifiable details or information.
(g) Uploading, posting, transmitting, linking to or soliciting harmful computer software viruses, codes, files or programs;
(h) Falsifying User information;
(i) Making fraudulent offers to sell or purchase, or conducting any type of financial scam such as "pyramid schemes," "ponzi schemes," or "chain letters";
(j) Uploading or linking to anything that advertises any commercial endeavor (e.g., offering for sale any products or services) or otherwise engaging in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services), or solicits funds, advertisers or sponsors for any purpose;
(k) Downloading any material that you know or reasonably should know cannot be distributed legally;
(o) Impersonating or attempting to impersonate any person or entity, or using anyone else's username or password;
(l) Creating user accounts under any false or fraudulent pretenses (including by automated means);
(m) Doing or attempting to do any thing that adversely affects the ability of other Users to use the Services or the Internet, including, without limitation, deleting any Content and communications or "denial of service" attacks against another system or network host or another User;
(n) Hacking, mail-bombing, ad "spamming", flooding, overloading, attacking or otherwise sabotaging or interfering with a system or network;
(o) Without permission from the owner or host of a system or network, doing or attempting to do any of the following: accessing the system or network, monitoring data or traffic, probing, scanning, testing firewalls, testing the vulnerability of the system or network, or breaching the security or authentication routines of the system or network;
(p) Reselling or attempting to resell any Service without Scriptertainment App’s prior authorization;
(q) Using any Service to violate another Internet service provider's acceptable use policy and/or terms of service;
(r) Stating or implying that any of your submitted and or posted Content is endorsed by Scriptertainment App;
(s) Collecting, retrieving, storing or collecting personal information about other users for any unauthorized purpose;
(t) Using the Scriptertainment App name or trademark, which you acknowledge here to be valid, subsisting and enforceable without impediment, and you will not expressly or by implication create the false or misleading impression that Scriptertainment App is associated with, or endorses, or is in any way connected with you, your business, or your Content; and
(u) Any other uses of any Service or Content that Scriptertainment App determines, in its sole discretion, are illegal, abusive, harmful or improper.
3. Proprietary Rights. You acknowledge and agree that all Content is protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights. Except as expressly authorized by Scriptertainment App, you may not copy, reproduce, sell, distribute, disseminate, transmit, publicly display, publish, modify, adapt, edit or otherwise exploit any Content for any purposes, by any means or in any media other than printing or downloading. Without limiting the foregoing, you may print, download or copy certain Content for your personal, non-commercial use ONLY, provided that you must keep intact all copyright, trademark, service mark and other proprietary rights notices contained in or accompanying such Content; and when expressly authorized by Scriptertainment App. The systematic retrieval of any Content to create or compile, directly or indirectly, a collection, compilation, database or directory without the prior written permission of Scriptertainment App is prohibited. In addition, use of any Content for any purpose not expressly permitted in this TOS is prohibited.
4. Scriptertainment App Service Marks. "Scriptertainment App Service Marks" means all names, marks, brands, logos, designs, trade dress and other designations that Scriptertainment App uses in connection with its website. You may make reference to Scriptertainment App's Service Marks, but only if your reference is truthful and not misleading and complies with the then current Scriptertainment App Service Marks policies. You may not remove or alter any Scriptertainment App Service Marks. You acknowledge Scriptertainment App’s rights in Scriptertainment App Service Marks and agree that any and all use of Scriptertainment App Service Marks shall inure to the sole benefit of Scriptertainment App. You agree not to incorporate any Scriptertainment App Service Marks into your marks, names, logos, domain names, links or designations.
5. Third Party Sites. Scriptertainment App may provide links to third party sites or resources, which are not maintained by, or related to Scriptertainment App. Links to such sites are provided for your convenience only, and are not sponsored by, endorsed or otherwise affiliated with Scriptertainment App. Scriptertainment App does not warrant or guarantee the availability, completeness, correctness, accuracy, usefulness, timeliness or reliability of, or the results of your use of or reliance upon, any information or material contained in such third party sites. You acknowledge that you access and use such third party sites solely at your own risk. You agree that under no circumstances will Scriptertainment App be responsible or liable, directly or indirectly, for any information or material contained in any third party sites linked to or from its site. Scriptertainment App is not responsible for any errors or omissions therein, or for any loss or damage of any kind incurred as a result of your use of or reliance upon any information or material contained in such third party sites.
Third Party Marks. All other trademarks and service marks appearing on Scriptertainment App’s website are the property of their respective owners.
6. Postings or submissions by Users. As a Registered User, you will be able to upload and post your Content, including but not limited to screenplays, teleplays, stage plays and other materials. By uploading, posting or submitting any material to Scriptertainment App’s website, you grant to Scriptertainment App and its parents, subsidiaries, affiliates and licensees the right to use, copy, reproduce, display, distribute for evaluation, review, demonstrations, advertising or in materials that promote the Service and your membership herein (but not your submitted material) worldwide in any media. You agree that you will be solely responsible for any Content that you upload post, email, transmit or otherwise make available through the Scriptertainment App’s website, and you will make sure that you are in compliance with this TOS relating to such Content. Any Content that you write, post, upload or link to on this Scriptertainment App is entirely your responsibility.
You acknowledge that when you submit information about yourself in or with your Content or to the public areas of our site, your information may be seen and used by other Users and any other visitor to such public areas and Scriptertainment App cannot monitor nor be responsible to you or any third parties as a result of such uses.
Scriptertainment App shall have no liability of any kind with respect to any Content posted by you or other users of the site. You agree that you must assess and bear all risks associated with your use of any Content. In this regard, you may not rely on any Content created by other Scriptertainment App members or otherwise created, distributed and displayed on any part of the Scriptertainment App website. Scriptertainment App does not control or monitor the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.
The Content created by you must be owned by you or you must have been granted the prior permission to use such Content by its owner. Scriptertainment App does not own any of the Content you post. By placing Content on Scriptertainment App website you are providing Scriptertainment App with a worldwide, royalty-free, unlimited, non-exclusive license, for as long as the Content is part of your profile, to publicly display, modify, reproduce and distribute your Content on the site for editorial and promotional purposes of the site. Scriptertainment App reserves the right to syndicate or promote this Content in connection with the promotion of the Service and other Services offered by Scriptertainment App.
You hereby represent and warrant that you own or otherwise control all of the rights to such material and that no use of such material by Scriptertainment App will infringe or violate any rights of any third party. You hereby agree to defend, indemnify and hold Scriptertainment App and its parents, subsidiaries, agents, representatives, employees, officers, directors, affiliates, licensees, sponsors, partners, suppliers and contractors harmless from and against any and all claims, liabilities, damages, costs and expenses (including reasonable attorneys' fees and legal costs) arising from or in connection with any material posted or submitted by you. Scriptertainment App reserves the right, at any time and in its sole discretion, to remove or block, disable or deny access to edit or modify any material posted or submitted by you.
7. Notice of Copyright Infringement. Scriptertainment App respects the intellectual property of others and we request our users do the same. In certain circumstances and at its discretion, Scriptertainment App may, but is not obligated to disable, suspend and terminate the accounts of members who may be infringing on the rights of others. If you believe that your rights under U.S. copyright law have been infringed by any Content or as a result of the use of any Service or by any user, please follow the following instructions in our Digital Millennium Copyright Act statement:
To file a notice of infringement, we require that you send a written letter describing the nature of your complaint. In order for us to process your request quickly, make sure to do the following:
(a) Describe in detail the copyrighted work you believe has been infringed upon.
(b) Identify the exact material that infringes the copyrighted work.
(c) Provide a full link to the work in question.
(d) Provide sufficient information to allow us to contact you. This should include your e-mail, as well as your mailing address.
(e) Include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
(f) Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
(g) Sign the paper.
(h) Send the written communication to the following address:
50 Harrison St, PH 402
Hoboken, NJ 07030
8. Disclaimer of Warranties. THE USE OF THE SERVICE AND CONTENT IS AT YOUR SOLE RISK. ALL SERVICES AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SCRIPTERTAINMENT APP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
SCRIPTERTAINMENT APP MAKES NO WARRANTY THAT (1) THE SERVICE AND CONTENT WILL MEET YOUR REQUIREMENTS; (2) THE SERVICE WILL BE UNINTERRUPTED, TIMELY SECURE, OR ERROR-FREE; (3) ALL CONTENT WILL BE ACCURATE, RELIABLE OR CORRECT; (4) ALL SERVICES AND CONTENT WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (5) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (6) ALL CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (7) THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL VIEWED OR OBTAINED THROUGH YOUR USE OF THE SERVICE WILL MEET YOUR EXPECTATIONS.
No advice or information, whether oral or written, obtained by you from Scriptertainment App or through or from the Service shall create a warranty not expressly stated in the TOS.
9. Limitation of Liability. IN NO EVENT SHALL SCRIPTERTAINMENT APP OR ANY OF ITS PARENTS, SUBSIDIARIES, AGENTS, REPRESENTATIVES, EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES, LICENSEES, SPONSORS, PARTNERS, SUPPLIERS OR SUBCONTRACTORS BE LIABLE UNDER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND, OR LOSS OF BUSINESS, GOODWILL OR OPPORTUNITY) ARISING FROM OR IN CONNECTION WITH YOUR USE OR THE MISUSE (BY YOU OR OTHERS) OF ANY SERVICE OR CONTENT, REGARDLESS OF WHETHER OR NOT SCRIPTERTAINMENT APP OR ANY OF ITS PARENTS, SUBSIDIARIES, AGENTS, REPRESENTATIVES, EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES, LICENSEES, SPONSORS, PARTNERS, SUPPLIERS OR SUBCONTRACTORS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. YOU ACKNOWLEDGE AND AGREE THAT, IN ANY EVENT, SCRIPTERTAINMENT APP’S AND ITS SUBCONTRACTOR'S TOTAL LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO YOUR USE OF OR INABILITY TO USE ANY SERVICE OR CONTENT SHALL NOT EXCEED THE AMOUNT OF ONE HUNDRED UNITED STATES DOLLARS (US$100.00) OR ITS EQUIVALENT. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
10. Indemnity. You agree to indemnify and hold Scriptertainment App, its subsidies, affiliates, officers, agents, and other partners and employees, harmless from any and all loss, liability, claim, or demand, including actual attorney's fees and costs, made by or arising out of your use of the Service or Content in violation of the TOS and/or your violation of any rights of another.
11. International Use. Scriptertainment App makes no representation or warranty that all Services and Content are appropriate or available for use in locations outside the United States. Accessing any Service or Content from territories in which such Service or Content is illegal is prohibited. You agree that if you choose to access any Service or Content from any locations outside the United States, you do so on your own initiative and are solely responsible for compliance with local laws.
12. No Resale of Content. You agree not to, without the express prior written consent of Scriptertainment App reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Service or Content you do not own.
13. Use of Software. The use of any software provided on Scriptertainment App's web site ("Software") is subject to the following additional terms and conditions: (a) the Software is licensed for your private, non-commercial use ONLY; (b) all rights, title and interest in and to the Software, including, without limitation, any copyrights and other intellectual property rights, shall remain with Scriptertainment App and/or its licensors; (c) except as expressly permitted in this TOS or by law you may not copy, modify, sell, distribute, disseminate, transmit, translate, reverse-engineer, decompile or disassemble the Software, or disclose the Software or any underlying information or technology to any third party; (d) you may not bypass, disable, deactivate or render ineffective any protection or security scheme or program contained in the Software; (e) you may not remove, erase, modify or tamper with any copyright, trademark, service mark or other proprietary rights notice that is printed or stamped on, affixed to, or encoded or recorded in the Software; (f) you may not download, install, use, export or re-export the Software or any underlying information or technology except in full compliance with all U.S. export control laws and regulations; (g) by installing, downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any country on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders; (h) you acknowledge that Scriptertainment App provides no assistance, including any technical or customer support, in the use of the Software and your use of the Software is at your own risk; (i) you acknowledge and agree that the Software is provided "AS IS" and "AS AVAILABLE," without warranties of any kind and to the extent permitted by law, Scriptertainment App disclaims all warranties, express or implied, including, without limitation, warranties of title, merchantability, fitness for a particular purpose and non-infringement; (j) in no event shall Scriptertainment App be liable for any indirect, incidental, exemplary, special, punitive or consequential damages (including, without limitation, loss of use, lost profits, loss of data or information of any kind, or loss of business, goodwill or opportunity) arising from or in connection with your use or misuse of the Software; (k) as a condition to your use of the Software, you agree to defend, indemnify and hold Scriptertainment App and any of its parents, subsidiaries, agents, representatives, employees, officers, directors, affiliates, licensees, sponsors, partners, suppliers and contractors harmless from and against any and all claims, liabilities, damages, costs and expenses arising from or in connection with your downloading, use or reproduction of, and/or your receipt or transmission of any material through, the Software; and (l) Scriptertainment App reserves the right, in its sole discretion and at any time, to modify or discontinue the Software, limit, terminate or suspend your use of the Software, and/or assess charges for the use of the Software in the future.
14. Modification and Termination of the Service. Scriptertainment App reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Scriptertainment App will not be liable to you or any third party for any modification, suspension or discontinuance of the Service.
15. Registration. In order to use certain aspects of the Service or Content you are required to register or create a user account (“User Account”). We refer to Registered Users as “members”. Registered Users are subject to the following specific terms in addition to all of the other terms in this Agreement:
(a) In consideration of your use of the Service or Content, you represent that you are of legal age to form a binding contract, which is eighteen (18) years of age in the United States, and are not a person barred from receiving Services under the laws of the United States or other applicable jurisdiction.
(b) You also agree to provide true, accurate, current and complete information as required on the User Account Registration Form. If you provide any information that is untrue, incomplete, not current or inaccurate, Scriptertainment App has the right to suspend or terminate your account and refuse your current or future use of the Service (or any portion thereof.)
(c) You agree that Scriptertainment App may, under certain circumstances and without prior notice immediately terminate your User Account, any associated username and/or access to the Service. Cause for such termination shall include, but is not be limited to: (i) a breach or violation of the TOS or other Scriptertainment App policies, guidelines or rules, (ii) extended periods of inactivity, (iii) your engagement in fraudulent or illegal activity, (iv) unexpected technical or security issues, and (v) requests by law enforcement or other government agencies. You also agree that any termination is in Scriptertainment App's sole discretion and that Scriptertainment App will not be liable to you or any third party for any termination of your account, password, username, deletion of Content or access to the Service or Content.
(d) You agree that your account is non-transferable and any rights to your account, password, username, terminate upon your death.
(e) You are responsible for any activities that take place under your username and password. If you become aware of any unauthorized use of your password or account, or any other breach of security, please contact Scriptertainment App immediately. It is up to you to maintain the confidentiality of your password and account. Scriptertainment App is not responsible or liable for any loss or damage arising from your failure to comply with the provisions of these terms.
(f) Cancel your User Account. You can cancel or delete your User Account at any time by contacting Scriptertainment App via email to: firstname.lastname@example.org . If you change your mind, you might not be able to recover your account. Cancelling your account means that you’ll lose all the data and Content in your account. Scriptertainment App may keep your data or Content on file for reference in the event you register for a new account.
17. Disputes. If there is any dispute about or involving Scriptertainment App and/or the Service, you agree that any dispute shall be governed by the laws of the State of New York without regard to conflict of law provisions. You agree to personal and exclusive jurisdiction by and venue in the state and federal courts of New York County, in the state of New York.
18. Must File Within One Year. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICE, CONTENT OR THE TOS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
20. No Waiver. The failure of Scriptertainment App to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of the TOS by Scriptertainment App must be in writing and signed by an authorized representative of Scriptertainment App.
21. Severability. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
SCRIPTERTAINMENT APP is a service mark of Scriptertainment, LLP or its affiliates.
© 2018 Scriptertainment, LLP. All Rights Reserved.